Search results for: Juvenile Justice
733 Role of Alternative Dispute Resolution (ADR) in Advancing UN-SDG 16 and Pathways to Justice in Kenya: Opportunities and Challenges
Authors: Thomas Njuguna Kibutu
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The ability to access justice is an important facet of securing peaceful, just, and inclusive societies, as recognized by Goal 16 of the 2030 Agenda for Sustainable Development. Goal 16 calls for peace, justice, and strong institutions to promote the rule of law and access to justice at a global level. More specifically, Target 16.3 of the Goal aims to promote the rule of law at the national and international levels and ensure equal access to justice for all. On the other hand, it is now widely recognized that Alternative Dispute Resolution (hereafter, ADR) represents an efficient mechanism for resolving disputes outside the adversarial conventional court system of litigation or prosecution. ADR processes include but are not limited to negotiation, reconciliation, mediation, arbitration, and traditional conflict resolution. ADR has a number of advantages, including being flexible, cost-efficient, time-effective, and confidential, and giving the parties more control over the process and the results, thus promoting restorative justice. The methodology of this paper is a desktop review of books, journal articles, reports and government documents., among others. The paper recognizes that ADR represents a cornerstone of Africa’s, and more specifically, Kenya’s, efforts to promote inclusive, accountable, and effective institutions and achieve the objectives of goal 16. In Kenya, and not unlike many African countries, there has been an outcry over the backlog of cases that are yet to be resolved in the courts and the statistics have shown that the numbers keep on rising. While ADR mechanisms have played a major role in reducing these numbers, access to justice in the country remains a big challenge, especially to the subaltern. There is, therefore, a need to analyze the opportunities and challenges facing the application of ADR mechanisms as tools for accessing justice in Kenya and further discuss various ways in which we can overcome these challenges to make ADR an effective alternative to dispute resolution. The paper argues that by embracing ADR across various sectors and addressing existing shortcomings, Kenya can, over time, realize its vision of a more just and equitable society. This paper discusses the opportunities and challenges of the application of ADR in Kenya with a view to sharing the lessons and challenges with the wider African continent. The paper concludes that ADR mechanisms can provide critical pathways to justice in Kenya and the African continent in general but come with distinct challenges. The paper thus calls for concerted efforts of respective stakeholders to overcome these challenges.Keywords: mediation, arbitration, negotiation, reconsiliation, Traditional conflict resolution, sustainable development
Procedia PDF Downloads 29732 Community Policing Interventions in the Tribal Hamlets as a Positive Criminal Justice and Social Justice Strategy: A Study Based on the Community Policing Project of the Government of Kerala
Authors: Bharathadas Sandhya
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Janamaithri Suraksha Project is the community policing project of Kerala police, fully sponsored by the Government of Kerala and in vogue in Kerala for the last ten years. The socio-economically weaker areas in the hilly terrains consisting of tribal hamlets are given special importance under the project. These hamlets are visited by the beat police officers, and they intervene in various issues in the hamlets. This study is based on data collected from 350 respondents living in the tribal hamlets of the Nilambur area in the District of Malappuram. The respondents were personally interviewed by the research team using a questionnaire consisting of 183 questions, seeking the details regarding their interaction with beat police officers, their ability to prevent or detect crimes, the menace of Maoists (extremist) presence, their interventions in other socio-economic problems like alcoholism, school dropout issues, lack of facilities for preparation for competitive examinations for educated youth, etc. The perception of the tribal population regarding the effectiveness of police intervention in their criminal justice complaints, the attitude of the police officers towards the tribal population when they approach the police station with a criminal complaint, are also studied. The general socio-economic problems of the tribal population as perceived by them are also brought out. Being the visible agency of the government, the police person coming on beat duty to the hamlet is generally seen by the tribal population as a representative to whom they can communicate the issues, even if it’s solution rests with another department like the forest or agriculture. The analysis of the primary data is carried out using computer applications. The amount of social justice benefits the tribal hamlets received through various government schemes, and their deficiencies are brought out in the study. From the conclusions of the study, certain suggestions for positive criminal justice and social justice intervention strategies are made out. The need for various government departments to work in tandem with each other so as to bring out more effectiveness in the socio-economic projects is evident from the study. Whether it is the need to obtain a transport to go to school or problem of drinking water or even opening a bank account, at least occasionally, the visiting beat police officer is of help to the tribal population. Mostly the tribal population feels free to approach the police with a criminal complaint without any inhibitions.Keywords: community policing, beat police officer, criminal justice, social justice
Procedia PDF Downloads 153731 The Victim as a Public Actor: Understanding the Victim’s Role as an Agent of Accountability
Authors: Marie Manikis
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This paper argues that the scholarship to date on victims in the criminal process has mainly adopted a private conception of victims –as bearers of individual interests, rights, and remedies– rather than a conception of the victim as an actor with public functions and interests, who has historically and continuously taken on an active role in the common law tradition. This conception enables a greater understanding of the various developments around victim participation in common law criminal justice systems and provides a useful analytical tool to understand the different roles of victims in England and Wales and the United States. Indeed, the main focus on individual rights and the conception of the victim as a private entity undermines the distinctive and increasing role victims play in the wider criminal justice process as agents of accountability through administrative-based processes within and outside courts, including private prosecutions, internal review processes within prosecutorial agencies, judicial review, and ombudsmen processes.Keywords: victims, participation, criminal justice, accountability
Procedia PDF Downloads 129730 The Impact of Character Strengths on Employee Well-Being: The Mediating Effect of Work-Family Relationship
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For organizational development, employee well-being is critical and has been influenced deeply by character strengths. Therefore, investigating the relationship between character strengths and employee well-being and its inner mechanism is crucial. In this study, we explored the features of Chinese employees' character strengths, studied the relationship between character strengths and employees' subjective well-being, work well-being and psychological well-being respectively, and examined the mediating effect of work-family relationship (both enrichment and conflict). An online survey was conducted. The results showed that: (1) The top five character strengths of Chinese employees were gratitude, citizenship, kindness, appreciation of beauty and excellence, justice, while the bottom five ones were creativity, authenticity, bravery, spirituality, open-mindedness. (2) Subjective well-being was significantly correlated to courage, humanity, transcendence and justice. Work well-being was significantly correlated to wisdom, courage, humanity, justice and transcendence. Psychological well-being was significantly correlated to all the above five character strengths and temperance. (3) Wisdom and humanity influenced Chinese employees’ subjective well-being through work-family enrichment. Justice enhanced psychological well-being via work-family enrichment; meanwhile, it also played a positive role in subjective well-being, work well-being, and psychological well-being by decreasing the family-work conflict. At the end of this paper, some theoretical and practical contributions to organizational management were further discussed.Keywords: character strengths, work-family conflict, work-family enrichment, employee well-being, work well-being
Procedia PDF Downloads 390729 The Debacle of the Social Pact: Finding a New Theoretical Framework for Egalitarian Justice
Authors: Abosede Priscilla Ipadeola
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The quest for egalitarian justice requires a suitable theoretical foundation that can address the problem of marginalization and subjugation arising from various forms of oppression, such as sexism, racism, classism, and others. Many thinkers and societies have appealed to contractarianism, a theory that has been widely regarded as a doctrine of egalitarianism by some political theorists for about five centuries. Despite its numerous criticisms, the social contract still enjoys a prominent status as a key theory for egalitarian justice. However, Pateman and Mills have contended that the contractarian approach legitimizes gender and racial inequalities by excluding and marginalizing women and people of color from the original agreement. Therefore, the social contract is incapable of generating or fostering equality. This study proposes postcontractarianism, which is a viable alternative to the social contract. Postcontractarianism argues that the basis for egalitarianism cannot be grounded on agreement but rather on understanding. Postcontractarianism draws on Jorge Nef’s idea of mutual vulnerability and Obiri (an African theory of cosmology) to argue for the imperative of social equality.Keywords: postcontractarianism, obiri, mutual vulnerability, egalitarianism, the social contract
Procedia PDF Downloads 57728 Participation in Decision Making and Work Outcomes: The Moderating Role of Ethical Climate
Authors: Ali Muhammad
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The study examines the consequences of decision making in Kuwait work organization. The framework used in this study proposes that participation in decision making improves organizational ethical climate, which in turn increases employee’s trust in supervisor and trust in the organization. Furthermore, the model suggests that allowing employees to voice their opinions positively effects their perceptions of organizational justice. Providing employees with the opportunity to participate in decision making (voice), enhances their perceptions of the fairness of those decisions. Allowing employees to express their opinions and feeling about decisions being made show that the organization respect appreciates their views. This feeling of respect and appreciation reflects positively on employee’s perception of justice. Survey data were collected from a sample of 292 employees working in Kuwaiti work organizations. Pearson correlation, non-parametric tests, and structural equation models were used to analyze the data. Results of the analysis show that participation in decision making enhances employee perception of ethical climate, which in turn increases perception organizational justice and organizational trust. Implications of the findings and directions for future research are discussed.Keywords: participation in decision making, organizational trust, trust in supervisor, organizational justice, ethical climate
Procedia PDF Downloads 113727 Perceived Procedural Justice and Conflict Management in Romantic Relations
Authors: Inbal Peleg Koriat, Rachel Ben-Ari
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The purpose of the present study was to test individual’s conflict management style in romantic relations as a function of their perception of the extent of procedural justice in their partner behavior, and to what extant this relationship is mediated by the quality of the relations. The research procedure included two studies: The first study was a correlative study with 160 participants in a romantic relation. The goal of the first study was to examine the mediation model with self-report questionnaires. The second study was an experimental study with 241 participants. The study was designed to examine the causal connection between perceived procedural justice (PPJ) and conflict management styles. Study 1 indicated a positive connection between PPJ and collaborative conflict management styles (integrating, compromising and obliging). In contrast, a negative connection was not found between PPJ and non-collaborative conflict management styles (avoiding, and dominating). In addition, perceived quality of the romantic relations was found to mediate the connection between PPJ and collaborative conflict management styles. Study 2 validated the finding of Study 1 by showing that PPJ leads the individual to use compromising and integrating conflict management styles. In contrast to Study 1, Study 2 shows that a low PPJ increases the individual’s tendency to use an avoiding conflict management style. The study contributes to the rather scarce research on PPJ role in conflict management in general and in romantic relations in particular. It can provide new insights into cognitive methods of coping with conflict that encourage transformation in the conflict and a way to grow and develop both individually and as a couple.Keywords: conflict management style, marriage, procedural justice, romantic relations
Procedia PDF Downloads 318726 The Consequence of Being Perceived as An 'Immodest Woman': The Kuwaiti Criminal Justice System’s Response to Allegations of Sexual Violence
Authors: Eiman Alqattan
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Kuwaiti criminal justice system’s responses to allegations of sexual violence against women during the pre-trial process, suggesting that the system in Kuwait is affected by an ethos that is male dominated and patriarchal, and which results in prejudicial, unfair, and unequal treatment of female victims of serious sexual offenses. Data derived from qualitative semi-structured face-to-face interviews with four main groups of criminal justice system personnel in Kuwait (prosecutors, police investigators, police officers, and investigators) reveal the characteristics of a complaint of sexual violence that contribute to cases being either sent to court or dismissed. This proposed paper will suggest that Arab cultural views of women appear to influence and even shape the views, perceptions, and conduct of the interviewed Kuwaiti criminal justice system personnel regarding complaints of sexual violence made by citizens. Data from the interviews show how the image of the ‘modest woman’ that exists within Arabic cultural views and norms greatly contributes to shaping the characteristics of what the majority of the interviewed officials considered to be a ‘credible’ allegation of sexual violence. In addition, it is clear that the interviewees’ definitions of ‘modesty’ varied. Yet the problem is not only about the stereotypical perceptions of complainants or the consequences of those perceptions on the decision to send the case to court. These perceptions also affected the behaviours of criminal justice system personnel towards citizen complainants. When complainants’ allegations were questioned, investigators went as far as abusing the women verbally or physically, often in order to force them to withdraw the so-called ‘false’ complaint in order to protect the ‘real’ victim: the ‘innocent defendant’. The proposed presentation will discuss these police approaches to women and the techniques used in assessing the credibility of their accusations, including how they differ depending on whether the complainant was under or over 21 years old.Keywords: criminal justice system, law and Arab culture, modest woman, sexual violence
Procedia PDF Downloads 296725 Gender Justice and Feminist Self-Management Practices in the Solidarity Economy: A Quantitative Analysis of the Factors that Impact Enterprises Formed by Women in Brazil
Authors: Maria de Nazaré Moraes Soares, Silvia Maria Dias Pedro Rebouças, José Carlos Lázaro
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The Solidarity Economy (SE) acts in the re-articulation of the economic field to the other spheres of social action. The significant participation of women in SE resulted in the formation of a national network of self-managed enterprises in Brazil: The Solidarity and Feminist Economy Network (SFEN). The objective of the research is to identify factors of gender justice and feminist self-management practices that adhere to the reality of women in SE enterprises. The conceptual apparatus related to feminist studies in this research covers Nancy Fraser approaches on gender justice, and Patricia Yancey Martin approaches on feminist management practices, and authors of postcolonial feminism such as Mohanty and Maria Lugones, who lead the discussion to peripheral contexts, a necessary perspective when observing the women’s movement in SE. The research has a quantitative nature in the phases of data collection and analysis. The data collection was performed through two data sources: the database mapped in Brazil in 2010-2013 by the National Information System in Solidary Economy and 150 questionnaires with women from 16 enterprises in SFEN, in a state of Brazilian northeast. The data were analyzed using the multivariate statistical technique of Factor Analysis. The results show that the factors that define gender justice and feminist self-management practices in SE are interrelated in several levels, proving statistically the intersectional condition of the issue of women. The evidence from the quantitative analysis allowed us to understand the dimensions of gender justice and feminist management practices intersectionality; in this sense, the non-distribution of domestic work interferes in non-representation of women in public spaces, especially in peripheral contexts. The study contributes with important reflections to the studies of this area and can be complemented in the future with a qualitative research that approaches the perspective of women in the context of the SE self-management paradigm.Keywords: feminist management practices, gender justice, self-management, solidarity economy
Procedia PDF Downloads 129724 Urban Park Green Space Planning and Construction under the Theory of Environmental Justice
Authors: Ma Chaoyang
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This article starts from the perspective of environmental justice theory and analyzes the accessibility and regional equity of park green spaces in the central urban area of Chengdu in 2022 based on the improved Gaussian 2SFCA analysis method and Gini coefficient method. Then, according to the relevant analysis model, it further explores the correlation between the spatial distribution of park green spaces and the socio-economic conditions of residents in order to provide a reference for the construction and research of Chengdu's park city under the guidance of fairness and justice. The results show that: (1) Overall, the spatial distribution of parks and green spaces in Chengdu shows a significantly uneven distribution of extreme core edge, with a certain degree of unfairness; that is, there is an environmental injustice pattern. (2) The spatial layout of urban parks and green spaces is subject to strong guiding interference from the socio-economic level; that is, there is a high correlation between housing prices and the tendency of parks. (3) Green space resources Gini coefficient analysis shows that residents of the three modes of transportation in the study area have unequal opportunities to enjoy park and green space services, and the degree of unfairness in walking is much greater than that in cycling and cycling.Keywords: parks and green spaces, environmental justice, two step mobile search method, Gini coefficient, spatial distribution
Procedia PDF Downloads 49723 Understanding Europe’s Role in the Area of Liberty, Security, and Justice as an International Actor
Authors: Barrere Sarah
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The area of liberty, security, and justice within the European Union is still a work in progress. No one can deny that the EU struggles between a monistic and a dualist approach. The aim of our essay is to first review how the European law is perceived by the rest of the international scene. It will then discuss two main mechanisms at play: the interpretation of larger international treaties and the penal mechanisms of European law. Finally, it will help us understand the role of a penal Europe on the international scene with concrete examples. Special attention will be paid to cases that deal with fundamental rights as they represent an interesting case study in Europe and in the rest of the World. It could illustrate the aforementioned duality currently present in the Union’s interpretation of international public law. On the other hand, it will explore some specific European penal mechanism through mutual recognition and the European arrest warrant in the transnational criminality frame. Concerning the interpretation of the treaties, it will first, underline the ambiguity and the general nature of some treaties that leave the EU exposed to tension and misunderstanding then it will review the validity of an EU act (whether or not it is compatible with the rules of International law). Finally, it will focus on the most complete manifestation of liberty, security and justice through the principle of mutual recognition. Used initially in commercial matters, it has become “the cornerstone” of European construction. It will see how it is applied in judicial decisions (its main event and achieving success is via the European arrest warrant) and how European member states have managed to develop this cooperation.Keywords: European penal law, international scene, liberty security and justice area, mutual recognition
Procedia PDF Downloads 407722 Victims and Violators: Open Source Information, Admissibility Standards, and War Crimes Investigations in Iraq and Syria
Authors: Genevieve Zingg
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Modern technology and social media platforms have fundamentally altered the nature of war crimes investigations by providing new forms of data, evidence, and documentation, and pose a unique opportunity to expand the efficacy of international law. However, much of the open source information available is deemed inadmissible in subsequent legal proceedings and fails to function as evidence largely due to issues of reliability and verifiability. Focusing on current judicial investigations related to ongoing conflicts in Syria and Iraq, this paper will examine key challenges and opportunities for the effective use of open source information in securing justice. This paper will consider strategies and approaches that can be used to ensure that information collected by affected populations meets basic admissibility standards. This paper argues that the critical failure to equip civilian populations in conflict zones with knowledge and information regarding established admissibility standards and guidelines both jeopardizes the potential of open source information and compromises the ability of victims to participate effectively in justice and accountability processes. The ultimate purpose of this paper is, therefore, to examine how to maximize the value of open source information based on the rules of evidence in international, regional, and national courts, and how to maximize the participation of affected populations in holding their abusers to account.Keywords: human rights, international criminal law, international justice, international law, Iraq, open source information, social media, Syria, transitional justice, war crimes
Procedia PDF Downloads 333721 Influence of JHA and Ecdysteroid on Reproduction in Dysdercus similis (Hemiptera: Pyrrhocoridae)
Authors: Versha Sharma
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Juvenile hormone analogue, fenoxycarb and ecdysterone, when applied at varying concentrations in the adult females of Dysdercus similis, in situ histochemical observations of treated ovarian and adipose tissues during the first gonotrophic cycle elicited drastic histomorphological changes in both tissues. The action and effect of both JHa and ecdysterone on ovarian development, vitellogenesis, the activity of follicular epithelium, chorion formation all were monitored in detail. SDS-PAGE electrophoretic analysis showed drastic downregulation on the protein profile of differently treated tissue samples. After exogenous JHa supply, resorption of the developing oocytes was also often noticed. Gradational decline and disappearance of different protein bands in treated both ovarian and adipose tissues noticed could be due to the depletion of specific metabolites essential for oocyte development and maturation. Natural products support both crop production and the environment that being effective in pest control, less toxic to non-target organisms and at the same time biodegradable. Hence, these could be utilized as an attractive alternative to the synthetic chemical insecticides for at least cotton bug pest management. Increasing IGR dosages is found to elicit both qualitative and quantitative depletion of protein metabolites and drastic histochemical changes in the gonads of the treated forms brought forth the production of a large number of immature mal-formed oocytes. Findings in greater detail could be discussed.Keywords: juvenile hormone, ecdysone, P. picta, Dysdercus similis
Procedia PDF Downloads 251720 Substitution of Fish Meal by Local Vegetable Raw Materials in the Feed of Juvenile Nile Tilapia (Oreochromis Niloticus, Linne, 1758) in Senegal
Authors: Mamadou Sileye Niang
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The study is a contribution to the development of a feed for juvenile tilapia Oreochromis niloticus, from local raw materials in order to reduce the cost of feeding farmed tilapia in Senegal. Three feeds were formulated from local raw materials. The basic composition of the tested feeds is as follows: A1 (peanut meal, rice bran, millet bran, maize meal and no fish meal); A2 (peanut meal, rice bran, millet bran, maize meal and 10% fish meal) and A3 (peanut meal, rice bran, millet bran, maize meal and 25% fish meal). All feeds contain 31% protein. The trial compared three batches, in 2 replicates, with different diets. The initial weight of the juveniles was 0.37± 0.5g. The daily ration was distributed at 9 am and 4 pm. After 90 days of the experiment, the final mean weights were 2.45 ± 0.5g; 2.75±0.5g; and 4.67 ± 0.5g for A1, A2, and A3, respectively. A performance test, of which the objective was to compare growth parameters, was conducted. The results of the growth parameters of juveniles fed A3 were significantly higher (p < 0.05) than those fed A1 and A2. The weight growth study shows similar growth during the first month. However, from this date onwards, juveniles fed A3 show a faster growth, which is maintained throughout the experiment. On the other hand, the Protein Efficiency Coefficient and the Survival Rate showed no significant difference. The zootechnical parameters are not significantly different (p > 0.05) between the two tanks for the same feed treatment.Keywords: nutrition, feed, fingerlings, Oreochromis, local raw materials, feed cost
Procedia PDF Downloads 72719 Garlic (Allium sativum) Extract Enhancing Protein Digestive Enzymes and Growth Performance in Marble Goby (Oxyleotris marmorata) Juvenile
Authors: Jaturong Matidtor, Krisna R. Torrissen, Saengtong Pongjareankit, Sudaporn Tongsiri, Jiraporn Rojtinnakorn
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Low survival rate has being particular problem in nursery of marble goby juvenile. The aim of this study was to investigate effect of garlic extract on protein digestive pancreatic enzymes, trypsin (T) and chymotrypsin (C). The marble goby were reared with commercial feed mixed garlic extract at concentration of 0 (control), 0.3, 0.5, 1.0, 3.0 and 5.0% (w/w) for 6 weeks. Analysis of the digestive enzymes at 2 and 6 weeks was performed. Growth parameters; weight gain (WG), specific growth rate (SGR) and feed efficiency (FE), were identified. For T, C and T/C at 2 weeks, values of T and T/C ratio of 0.3% (w/w) group showed significant difference (p < 0.05) with the highest values of 17685.64± 11981.77 U/mg protein and of 51.64 ± 27.46 U/mg protein, respectively. For C at 2 weeks, 0% (w/w) group showed the highest values of 16191.76± 2225.56 U/mg protein. Whereas value of T, C and T/C ratio at 6 weeks, there was no significant difference (p > 0.05). For growth performance, it significantly increased in all garlic extract fed groups (0.3-5.0%, w/w), both at 2 and 6 weeks. At 2 weeks, values of WG and SGR of 0.5% (w/w) group showed the highest values of 71.51 ± 1.60%, and 3.85 ± 0.07%, respectively. For FE, 0.3% (w/w) group showed the highest value of 60.21 ± 6.51%. At 6 weeks, it illustrated that all growth parameters of 5.0% (w/w) group were the highest values; WG = 35.06 ± 5.66%, SGR = 2.14 ± 0.30%, and FE = 5.86 ± 0.68%. We suggested that garlic extract could be available for protein digestive enzyme and growth enhancement in marble goby nursery with artificial feed. This result will be high benefit for commercial aquaculture of marble goby.Keywords: marble goby, nursery, garlic extract, digestive enzyme, growth
Procedia PDF Downloads 323718 The Defence of Loss of Control within the Coroners and Justice Act 2009: A Critical Discussion
Authors: Bader A. J. Alrajhi
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The 'loss of control' defence to murder as enacted in the Coroners and Justice Act 2009 (CJA) represents a legislative effort to bring greater coherence to an aspect of UK homicide law that has vexed several generations of jurists, practitioners, and academic commentators. The analysis developed in this paper illustrates that the loss of control defence as defined in CJA sections 54 and 55 is a laudable initiative; its fuller assessment must await further appellate court determination before a definitive conclusion of its utility is possible. The CJA amendments tend to embrace a legitimate policy that those who found to be provoked by the activities of others to lose their self-control should be dealt with in a different way than those who commit intentional killings when motivated by their own desires or pursuit of gain. However, the 2012 Court of Appeal decisions rendered in the Parker troika of cases, provide useful direction as to how the law is likely to be applied. It shows an attitude in the Court of Appeal that the whole circumstances that challenged the defendant must be examined. The Court of Appeal has introduced an important ingredient into the potential use of sexual infidelity as a section 55 trigger - it is not a permissible stand-alone factor, but it may legitimately form part of an entire qualifying trigger circumstance.Keywords: loss of self-control, Coroners and Justice Act 2009, provocation, diminished responsibility
Procedia PDF Downloads 171717 The Application of Article 111 of the Constitution of Bangladesh in the Criminal Justice System as a Sentencing Guideline
Authors: Sadiya S. Silvee
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Generally, the decision of the higher court is binding on its subordinate courts. As provided in Article 111 of the Constitution, 'the law declared by the Appellate Division (AD) shall be binding on the High Court Division (HCD) and the law declared by either division of the Supreme Court shall be binding on all courts subordinate to it.' This means the judicial discipline requires the HCD to follow the decision of the AD and that it is necessary for the lower tiers of courts to accept the decision of the higher tiers as a binding precedent. Analyzing the application of Article 111 of the Constitution in the criminal justice system as a sentencing guideline, the paper, by examining whether there is any consistency in decision between one HC Bench and another HC Bench, explores whether HCD can per incuriam its previous decision. In doing so, the Death Reference (DR) Cases are contemplated. Furthermore, the paper shall examine whether the Court of Session follows the decision of the HCD while using their discretion to make the choice between death and imprisonment for life under section 302 of PC. The paper argues due to the absence of any specific direction for sentencing and inconsistency in jurisprudence among the HCD; the subordinate courts are in a dilemma.Keywords: death reference, sentencing factor, sentencing guideline, criminal justice system and constitution
Procedia PDF Downloads 176716 A Scenario-Based Experiment Comparing Managerial and Front-Line Employee Apologies in Terms of Customers' Perceived Justice, Satisfaction, and Commitment
Authors: Ioana Dallinger, Vincent P. Magnini
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Due to the many moving parts and high human component, mistakes and failures sometimes occur during transactions in service environments. Because a certain portion of such failures is unavoidable, many service providers constantly look for guidance regarding optimal ways by which they should manage failures and recoveries. Through the use of a scenario-based experiment, the findings of this study run counter to the empowerment approach (i.e. that frontline employees should be empowered to resolve failure situations on their own doing). Specifically, this study finds that customers’ perceptions of distributive, procedural, and interactional justice are significantly higher [p-values < .05] when a manager delivers an apology as opposed to the frontline provider. Moreover, customers’ satisfaction with the recovery and commitment to the firm are also significantly stronger [p-values < .05] when a manager apologizes. Interestingly, this study also empirically tests the effects of combined apologies of both the manager and employee and finds that the combined approach yields better results for customers’ interactional justice perceptions and for their satisfaction with recovery, but not for their distributive or procedural justice perceptions or consequent commitment to the firm. This study can serve a springboard for further research. For example, perceptions and attitudes regarding employee empowerment vary based upon country culture. Furthermore, there are likely a number of factors that can moderate the cause and effect relationship between a failure recovery and customers’ post-recovery perceptions [e.g. the severity of the failure].Keywords: apology, empowerment, service failure recovery, service recovery
Procedia PDF Downloads 296715 DNA as an Instrument in Constructing Narratives and Justice in Criminal Investigations: A Socio-Epistemological Exploration
Authors: Aadita Chaudhury
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Since at least the early 2000s, DNA profiling has achieved a preeminent status in forensic investigations into criminal acts. While the criminal justice system has a long history of using forensic evidence and testing them through establish technoscientific means, the primacy of DNA in establishing 'truth' or reconstructing a series of events is unparalleled in the history of forensic science. This paper seeks to elucidate the ways in which DNA profiling has become the most authoritative instrument of 'truth' in criminal investigations, and how it is used in the legal process to ascertain culpability, create the notion of infallible evidence, and advance the search for justice. It is argued that DNA profiling has created a paradigm shift in how the legal system and the general public understands crime and culpability, but not without limitations. There are indications that even trace amounts of DNA evidence can point to causal links in a criminal investigation, however, there still remains many rooms to create confusion and doubt from empirical evidence within the narrative of crimes. Many of the shortcomings of DNA-based forensic investigations are explored and evaluated with regards to claims of the authority of biological evidence and implications for the public understanding of the elusive concepts of truth and justice in the present era. Public misinformation about the forensic analysis processes could produce doubt or faith in the judgements rooted in them, depending on other variables presented at the trial. A positivist understanding of forensic science that is shared by the majority of the population does not take into consideration that DNA evidence is far from definitive, and can be used to support any theories of culpability, to create doubt and to deflect blame.Keywords: DNA profiling, epistemology of forensic science, philosophy of forensic science, sociology of scientific knowledge
Procedia PDF Downloads 207714 The Role of the Rate of Profit Concept in Creating Economic Stability in Islamic Financial Market
Authors: Trisiladi Supriyanto
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This study aims to establish a concept of rate of profit on Islamic banking that can create economic justice and stability in the Islamic Financial Market (Banking and Capital Markets). A rate of profit that creates economic justice and stability can be achieved through its role in maintaining the stability of the financial system in which there is an equitable distribution of income and wealth. To determine the role of the rate of profit as the basis of the profit sharing system implemented in the Islamic financial system, we can see the connection of rate of profit in creating financial stability, especially in the asset-liability management of financial institutions that generate a stable net margin or the rate of profit that is not affected by the ups and downs of the market risk factors, including indirect effect on interest rates. Furthermore, Islamic financial stability can be seen from the role of the rate of profit on the stability of the Islamic financial assets value that are measured from the Islamic financial asset price volatility in the Islamic Bond Market in the Capital Market.Keywords: economic justice, equitable distribution of income, equitable distribution of wealth, rate of profit, stability in the financial system
Procedia PDF Downloads 314713 Innocence Compensation: Motions to Strike and Dismiss to Forestall Financial Recovery
Authors: Myles Frederick McLellan
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When errors in the criminal justice process lead to wrongful convictions and miscarriages of justice, it falls upon the State to make reparation for the egregious harms brought to innocent individuals. Of all the remedies available to seek compensation, private and public law litigation against the police and prosecution services is the most widely used. Unfortunately, all levels of court including the Supreme Court of Canada have explicitly endorsed the prospect of striking out or dismissing these claims at the outset on an expedited basis. The burden on agents of the State as defendants to succeed on motions for such relief is so low that very few actions will survive to give an innocent accused his or her day in court. This paper will be a quantitative and qualitative analysis on the occurrence and success of motions to strike and dismiss to forestall financial recovery for the damage caused when a criminal investigation and prosecution goes wrong. This paper will also include a comparative component on the private law systems at common law (e.g. USA, UK, Australia and New Zealand) with respect to the availability of a similar process to pre-emptively terminate litigation for the recovery of compensation to an innocent individual.Keywords: compensation, innocence, miscarriages of justice, wrongful convictions
Procedia PDF Downloads 140712 Municipal Employees’ Perceptions of Fairness of Human Resource Management Practices and Employee Organisational Commitment
Authors: Lineo Dzansi
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South African government has been mandated by the Constitution (Act 108 of 1996) to deliver basic services to all who live in it. However, service delivery has always been marred with much criticism and citizens’ dissatisfaction regarding the quality of services rendered to them. This is evidenced by public protests that are common in South Africa lately which they are mostly alleged to link with failure by the government through various municipalities to meet citizens’ service delivery expectations. Municipalities render services through people. People management plays a crucial role in influencing employee and organisational performance and it thus needs to be conducted in a fair and just manner. Literature confirms that there is a relationship between organisational justice perceptions and employee behaviour, and that positive or negative justice perceptions can have an influence on employee attitudes, commitment to their jobs and organisation. The nature of the attachments formed by individuals to their employing organisations depends on the manner in which the organisation treats them. This implies that Municipal employees’ commitment could be linked to fair or unfair perceptions of Human Resource Management practices within their organisations. Unfortunately, the political nature of municipal environment could be a fertile ground for appointments of people based on political affiliation as a reward for political patronage rather than on merit. This paper seeks to investigate the relationship between municipal employees’ perceptions of fairness of Human Resource Management practices and employee commitment from the organisational justice point of view. Research on organisational justice has shown that employees’ organisational justice perceptions link directly with job satisfaction and employee organisational commitment. Quantitative research methods were employed to collect and analyse data from selected managerial and non-managerial municipal employees within selected municipalities in Free State Province of South Africa. Employee commitment has positive relationships with HRM practices at the .05 and .01 levels of significance – indicating that the higher the levels of HRM practices in municipal employees the higher the organisational commitment of employees. Therefore, it is concluded that organisational commitment of municipal employees (EOC) is positively related to their perceptions of fairness of HRM practices (PHF) of municipalities. In other words, fair HRM practices of municipalities promote organisational commitment in municipal employees.Keywords: organisational Justice, HRM practices, employee organisational commitment, employee attitudes
Procedia PDF Downloads 72711 Health, Social Integration and Social Justice: The Lived Experiences of Young Middle-Eastern Refugees in Australia
Authors: Pranee Liamputtong, Hala Kurban
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Based on the therapeutic landscape theory, this paper examines how young Middle-Eastern refugee individuals perceive their health and well-being and address the barriers they face in their new homeland and the means that helped them to form social connections in their new social environment. Qualitative methods (in-depth interviews and mapping activities) were conducted with ten young people from refugee backgrounds. Thematic analysis method was used to analyse the data. Findings suggested that the young refugees face various structural and cultural inequalities that significantly influenced their health and well-being. Mental health well-being was their greatest health concern. All reported the significant influence the English language had on their ability to adapt and form connections with their social environment. The presence of positive social support in their new social environment had a great impact on the health and well-being of the participants. The findings of this study have implications for social justice among refugees. They also contributed to the role of therapeutic landscapes and social support in helping young refugees to feel that they belonged to the society, and hence assisted them to adapt to their new living situation.Keywords: young refugees, Middle-Eastern, social support, social justice
Procedia PDF Downloads 355710 Inter-Generational Benefits of Improving Access to Justice for Women: Evidence from Peru
Authors: Iva Trako, Maris Micaela Sviatschi, Guadalupe Kavanaugh
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Domestic violence is a major concern in developing countries, with important social, economic and health consequences. However, institutions do not usually address the problems facing women or ethnic and religious minorities. For example, the police do very little to stop domestic violence in rural areas of developing countries. This paper exploits the introduction of women’s justice centers (WJCs) in Peru to provide causal estimates on the effects of improving access to justice for women and children. These centers offer a new integrated public service model for women by including medical, psychological and legal support in cases of violence against women. Our empirical approach uses a difference in difference estimation exploiting variation over time and space in the opening of WJC together with province-by-year fixed effects. Exploiting administrative data from health providers and district attorney offices, we find that after the opening of these centers, there are important improvements on women's welfare: a large reduction in femicides and female hospitalizations for assault. Moreover, using geo-coded household surveys we find evidence that the existence of these services reduces domestic violence, improves women's health, increases women's threat points and, therefore, lead to household decisions that are more aligned with their interests. Using administrative data on the universe of schools, we find large gains on human capital for their children: affected children are more likely to enroll, attend school and have better grades in national exams, instead of working for the family. In sum, the evidence in this paper shows that providing access to justice for women can be a powerful tool to reduce domestic violence and increase education of children, suggesting a positive inter-generational benefit.Keywords: access to justice, domestic violence, education, household bargaining
Procedia PDF Downloads 183709 Public Interest Law for Gender Equality: An Exploratory Study of the 'Single Woman Reproductive Rights' Movement in China
Authors: Xiaofei Zhu
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As a 'weapon of the weak', the Public Interest Law can provide a better perspective for the cause of gender justice. In recent years, the legal practice of single female reproductive rights in China has already possessed the elements of public interest law activities and the possibility of public interest law operation. Through the general operating procedures of public interest law practice, that is, from the choice of subject, the planning of the case, the operation of the strategy and the later development, the paper analyzes the gains and losses of the legal practice of single female reproductive rights in China, and puts forward some ideas on its possible operation path. On this basis, it is believed that the cause of women's rights should be carried out under the broad human rights perspective; it is necessary to realize the particularity of different types of women's rights protection practice; the practice of public interest law needs to accurately grasp the constituent elements of all aspects of the case, and strive to find the opportunities of institutional and social change; the practice of public welfare law of gender justice should be carried out from a long-term perspective.Keywords: single women’s reproductive rights, public interest law, gender justice, legal strategies, legal change
Procedia PDF Downloads 139708 Perceived Procedural Justice and Organizational Citizenship Behavior: Evidence from a Security Organization
Authors: Noa Nelson, Orit Appel, Rachel Ben-ari
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Organizational Citizenship Behavior (OCB) is voluntary employee behavior that contributes to the organization beyond formal job requirements. It can take different forms, such as helping teammates (OCB toward individuals; hence, OCB-I), or staying after hours to attend a task force (OCB toward the organization; hence, OCB-O). Generally, OCB contributes substantially to organizational climate, goals, productivity, and resilience, so organizations need to understand what encourages it. This is particularly challenging in security organizations. Security work is characterized by high levels of stress and burnout, which is detrimental to OCB, and security organizational design emphasizes formal rules and clear hierarchies, leaving employees with less freedom for voluntary behavior. The current research explored the role of Perceived Procedural Justice (PPJ) in enhancing OCB in a security organization. PPJ refers to how fair decision-making processes are perceived to be. It involves the sense that decision makers are objective, attentive to everyone's interests, respectful in their communications and participatory - allowing individuals a voice in decision processes. Justice perceptions affect motivation, and it was specifically suggested that PPJ creates an attachment to one's organization and personal interest in its success. Accordingly, PPJ had been associated with OCB, but hardly any research tested their association with security organizations. The current research was conducted among prison guards in the Israel Prison Service, to test a correlational and a causal association between PPJ and OCB. It differentiated between perceptions of direct commander procedural justice (CPJ), and perceptions of organization procedural justice (OPJ), hypothesizing that CPJ would relate to OCB-I, while OPJ would relate to OCB-O. In the first study, 336 prison guards (305 male) from 10 different prisons responded to questionnaires measuring their own CPJ, OPJ, OCB-I, and OCB-O. Hierarchical linear regression analyses indicated the significance of commander procedural justice (CPJ): It associated with OCB-I and also associated with OPJ, which, in turn, associated with OCB-O. The second study tested CPJ's causal effects on prison guards' OCB-I and OCB-O; 311 prison guards (275 male) from 14 different prisons read scenarios that described either high or low CPJ, and then evaluated the likelihood of that commander's prison guards performing OCB-I and OCB-O. In this study, CPJ enhanced OCB-O directly. It also contributed to OCB-I, indirectly: CPJ enhanced the motivation for collaboration with the commander, which respondents also evaluated after reading scenarios. Collaboration, in turn, associated with OCB-I. The studies demonstrate that procedural justice, especially commander's PJ, promotes OCB in security work environments. This is important because extraordinary teamwork and motivation are needed to deal with emergency situations and with delicate security challenges. Following the studies, the Israel Prison Service implemented personal procedural justice training for commanders and unit level programs for procedurally just decision processes. From a theoretical perspective, the studies extend the knowledge on PPJ and OCB to security work environments and contribute evidence on PPJ's causal effects. They also call for further research, to understand the mechanisms through which different types of PPJ affect different types of OCB.Keywords: organizational citizenship behavior, perceived procedural justice, prison guards, security organizations
Procedia PDF Downloads 221707 Bioefficacy of Catharanthus roseus on Reproductive Performance of Red Cotton Bug, Dysdercus koenigii (Heteroptera: Pyrrhocoriedae)
Authors: Sunil Kayesth, Kamal Kumar Gupta
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Influence of hexane extract of Catharanthus roseus leaves on reproductive fitness of Dysdercus koenigii was investigated by evaluating mating behaviour, oviposition behaviour and fertility of the treated insects. The volatiles of the plants were extracted in hexane by ‘cold extraction method’. The insects were treated with the extracts by ‘dry film residual method’. Our studies indicated that the treated male showed altered courtship behaviour, less number of mounting attempts, took more time to mate, less percent successful mating, and more disrupted mating. Similarly, the treated female exhibited either mating refusal or neutral behaviour towards courting males. The maximum disruption in the mating was observed in a cross T♂ X T♀, where males and females were treated with Catharanthus extract. The Dysdercus treated with Catharanthus extracts also showed marked reduction in their reproductive success. The treated females laid lesser number of egg batches and eggs in their life span. Catharanthus extract was effective in alteration of the oviposition behaviour. The eggs laid by the mated females were fertile indicating insemination of the mated females. However, the percent hatchability of the eggs laid by the treated females was less than control. The GC-MS analysis of the extract revealed the presence of juvenile hormone mimics, and the intermediates of juvenile hormone biosynthesis. Therefore, some of these compounds individually or synergistically alter reproductive behaviour of Dysdercus.Keywords: Catharanthus roseus, Dysdercus koenigii, GC-MS analysis, reproductive performance
Procedia PDF Downloads 260706 Anterior Segment Optical Coherence Tomography Study of Cornea and Tear Film Parameters in Juvenile Systemic Lupus Erythematous Patients
Authors: Mohamed Salah El-Din Mahmoud, Ahmed Hamed, Asmaa Anwar Mohamed
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Purpose: To study the tear film parameters, total corneal thickness (CT), corneal epithelial thickness and, corneal power in Juvenile systemic lupus erythematosus (JSLE) patients compared to age-matched controls using anterior segment optical coherence tomography (AS-OCT). Methods: This was a cross-sectional study. Study participants were divided into 2 groups: Group A: 75 eyes of JSLE patients, Group B: 75 eyes of healthy controls. Tear meniscus height (TMH), tear meniscus depth (TMD), and tear meniscus area (TMA) were the lower tear meniscus parameters that were measured. The corneal power, CT, and epithelial thickness were all determined automatically. Results: In the JSLE group, the range of age was 10 to 15 years while the control group was 11 to 16 years. TMH, TMA, and TMD were 527.7±46.8, 0.059±0.015 and 343.3±59.9 respectively in JSLE group while 525.4±44.6, 0.058±0.011 and 340.6±58.0 respectively in control group without significant difference (p-value<0.001). The corneal power was 43.3±0.55 in the JSLE while 43.2±0.54 in the control group without significant difference (p-value= 0.407). CT was 551.1±13.5 in JSLE group while 551.2±15.3 in control group without significant difference (p-value= 0.982). Epithelial thickness was 52.66±1.35 in the JSLE group while 52.60±1.36 in the control group without significant difference (p-value= 0.765). Conclusion: We demonstrated no significant difference in tear meniscus dimensions, CT, epithelial thickness, and corneal power in the JSLE patients compared to age-matched controls using AS-OCT.Keywords: tear film, ASOCT, JSLE, pachymetry, corneal thickness
Procedia PDF Downloads 172705 Multidisciplinarity, Interdisciplinarity and Transdisciplinarity in Peace Education and Peace Studies: A Content Analysis
Authors: Frances Bernard Kominkiewicz
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Demonstrating the ability to build social justice and peace is integral in undergraduate and graduate education. Many disciplines are involved in peace education and peace studies, and the collaboration of those disciplines are examined in this paper. To the author’s best knowledge, no content analysis research previously existed regarding peace studies and peace education from a multidisciplinarity, interdisciplinarity, and transdisciplinarity perspective. Peacebuilding is taught through these approaches, which adds to the depth, breadth, and richness of peace education and peace studies. This paper presents a content analysis of academic peace studies programs and course descriptions. Variables studied include contributions and foci of disciplines in peace studies programs and students’ engagement in community peacebuilding. The social work discipline, for example, focuses on social and economic justice as one of the nine competencies that undergraduate and graduate students must attain before earning a Bachelor of Social Work degree or a Master of Social Work degree and becoming social work practitioners. Demonstrating the ability to build social justice and peace is integral in social work education. Peacebuilding is taught through such social work courses as conflict resolution, and social work practice with communities and organizations, and these courses are examined in this research through multidisciplinarity, interdisciplinarity, and transdisciplinarity approach. Peace and social justice are linked terms in various fields, including social work. Social justice is of paramount importance in social work programs, and social workers are trained to advocate for human rights and social, economic, and environmental justice. Social workers use knowledge of oppression, globally as well as nationally, in the practice of peace education and peace studies. Social work is at the forefront in advocating for social justice as a discipline and joins with other educators in strengthening the peacebuilding opportunities for students. The content analysis, conducted through a random sample of peace studies and peace education university and college programs in the United States, found that although courses teach the concepts of peace education and peace studies, courses often are not given these titles in the social work discipline. Therefore, this analysis also includes a discussion of the multidisciplinarity, interdisciplinarity, and transdisciplinarity approach to peace education, peace studies, and peacebuilding and the importance of these approaches in educating students about peace. The content analysis further found great variability in the number of disciplines involved in peace studies programs, the focus of those disciplines in peace education, the placement of peace studies and peace education within the university or college, and the number of courses and concentrations available in peace studies and peace education. In conclusion, the research points toward very robust and diverse approaches to peace education with opportunities for further research and discussion.Keywords: content analysis, interdisciplinarity, multidisciplinarity, peace education programs
Procedia PDF Downloads 155704 The Limits of Charity: Advancing a Rights-based Justice Model to Remedy Poverty and Hunger
Authors: Tracy Smith-Carrier
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In 1995, the World Health Organization declared that poverty was the biggest killer and the greatest cause of suffering in the world. Income is certainly a key social determinant of health, the lack of which causes innumerable health and mental health conditions. In seeking to provide relief from financial hardship for residents within their populace, states in the Global North have largely turned to the non-profit and charitable sector. The stigma and shame of accessing charity is a significant barrier for many, but what is more problematic is that the embrace of the charitable model has let governments off the hook from responding to their international human rights obligations. Although states are signatories to various human rights treaties and conventions internationally, many of these laws have not been implemented domestically. This presentation explores the limits of the charitable model in addressing poverty in countries of the Global North. Unlike in the ages passed, when poverty was thought to be an individual problem, we now know that poverty is largely systemic in nature. In this presentation, we will identify the structural determinants of poverty, outline why people are reticent to access charitable programs and services and how income security is reproduced through the charitable model, and discuss evidence-informed solutions, such as a basic income guarantee, to move beyond the charitable model in favour of a rights-based justice model. To move beyond charity, we must demand that governments recognize our fundamental human rights and address poverty and hunger using a justice model based on substantive human rights.Keywords: basic income, charity, poverty, income security, hunger, food security, social justice, human rights
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