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Articles 1 - 9 of 9
Full-Text Articles in Law
Legal Representation For Complainants Of Sexual Violence In The Criminal Justice System: A Proposal To Advance Women's Equality, Karen M. Bellehumeur
Legal Representation For Complainants Of Sexual Violence In The Criminal Justice System: A Proposal To Advance Women's Equality, Karen M. Bellehumeur
Electronic Thesis and Dissertation Repository
Very few survivors of sexual violence choose to engage the Canadian criminal justice system despite the fact that we expect law to be an effective tool to combat sexual violence. Since the vast majority of sexual violence survivors are female, the criminal justice system is failing women. This failure is largely because of the harm it causes by re-victimizing sexual assault complainants. Much of that harm arises from misunderstandings about trauma and from the existence of rape myths and gender stereotypes.. I argue that the criminal justice system’s treatment of female sexual violence complainants violates their section 7 and 15 …
Access Denied: A Socio-Legal Exploration Of Access To Justice In Nigerian Wrongful Conviction Cases, Chinyere Obinna
Access Denied: A Socio-Legal Exploration Of Access To Justice In Nigerian Wrongful Conviction Cases, Chinyere Obinna
Electronic Theses and Dissertations
Research has shown that notwithstanding the substantive and procedural laws that protect the rights of criminal defendants in Nigeria, the criminal justice system has often failed to uphold its commitment of justice to these individuals, resulting in wrongful convictions. Wrongful convictions undermine the integrity and effectiveness of the criminal justice system and result in devastating consequences on wrongfully convicted individuals. Though the reality of wrongful conviction is established in Nigeria, research on the problem is scarce. Besides, much of the available literature focuses on the legal causes of wrongful convictions without considering the broader social context. This thesis seeks to …
Mental Health, Substance Abuse And Recidivism: Perceptions Of Key Justice System Stakeholders In Southern California, Tabari Zahir
Mental Health, Substance Abuse And Recidivism: Perceptions Of Key Justice System Stakeholders In Southern California, Tabari Zahir
Electronic Theses, Projects, and Dissertations
Despite the 2011 landmark decision of the United States Supreme Court ordering the California authorities to address prison overcrowding, the Golden State still faces significant challenges dealing with the size of its correctional population. Recidivism plays a preponderant role in slowing down the momentum toward overcoming relatively high rates of incarceration across the state. The purpose of this study was to explore the perceptions of key human services stakeholders about the intersection of three major challenges in the California criminal justice system: mental health, substance use, and recidivism. Embracing a continuum of care approach, this study ultimately attempted to explore …
Neither Seen Nor Heard: Surviving Children Of Domestic Homicide, Alexis Winfield
Neither Seen Nor Heard: Surviving Children Of Domestic Homicide, Alexis Winfield
Electronic Thesis and Dissertation Repository
Domestic homicide is a critical human rights issue that continues to impact women, children, and families in Canada. Between 2010-2018, 662 individuals died as a result of domestic homicide, many of whom were mothers who left surviving children behind. This study examined the experiences of surviving children prior to, during, and in the aftermath of domestic homicide through quantitative and qualitative court and media document analyses. It was found that 136 children in Ontario experienced domestic homicide between 2010-2017. Domestic homicide impacted surviving children in all domains of functioning and was often associated with long-term adverse outcomes. Court documents revealed …
Courageous Endurance: The Lived Experiences Of Trans Folx And The Criminal Legal System, April Carrillo
Courageous Endurance: The Lived Experiences Of Trans Folx And The Criminal Legal System, April Carrillo
Sociology & Criminal Justice Theses & Dissertations
The field of criminology and criminal justice have widely ignored the experience of being a trans person and interacting with the criminal legal system, despite the reality that trans folx experience discrimination and harm at the hands of criminal legal practitioners. This dissertation explores these experiences, as well as how trans folx navigate a myriad of other issues to include their identity and institutional discrimination. Trans folx are not guaranteed many protections or rights in the United States which leaves them at an especially vulnerable position when entering the criminal legal system. Essentially, trans folx are forced to navigate a …
The Lived Experiences Of African-American Male Exoffenders In The Northeast United States, Jacqueline Grant
The Lived Experiences Of African-American Male Exoffenders In The Northeast United States, Jacqueline Grant
Walden Dissertations and Doctoral Studies
Discrimination, racism, and class bias affects the accessibility of resources available to African American males who are exoffenders. The purpose of this phenomenological study was to explore the lived experiences of African American, male exoffenders' ability to access resources postincarceration. Guided by Bell and Freeman's critical race theory, a purposeful sample of 6 African American, male exoffenders were recruited from 2 reentry programs in the Northeast United States. A semistructured interview approach was employed to examine the life history, details of experience, and reflection on the meaning of the lived experience from the participants. The modified Stevick, Colaizzi, and Keen …
Lets Talk About Sexual Assault A Feminist Exploration Of The Relationship Between Legal And Experiential Discourses, Dana Erin Phillips
Lets Talk About Sexual Assault A Feminist Exploration Of The Relationship Between Legal And Experiential Discourses, Dana Erin Phillips
LLM Theses
This thesis challenges the tendency within feminist legal thought to imagine a sharp division between law and lived experience, and specifically between feminist methods that engage legal discourse and those that invoke grassroots narratives grounded in experience. In order to better elucidate the relationship between legal and experiential discourses, the author compares recent legal discourse on sexual assault focusing on two Supreme Court of Canada decisions with women's own accounts of sexual violence, as presented in mainstream news media in the wake of the 2014 Jian Ghomeshi story. The findings, examined through the lens of feminist scholarship, support a view …
The Application Of Gladue To Bail: Problems, Challenges, And Potential, Jillian Anne Rogin
The Application Of Gladue To Bail: Problems, Challenges, And Potential, Jillian Anne Rogin
LLM Theses
This paper argues that the principles articulated by the Supreme Court of Canada in R. v. Gladue and re-iterated in R. v. Ipeelee are being interpreted and implemented at the bail phase in a manner that exacerbates, rather than ameliorates the systemic failures of the criminal justice system in its dealings with Aboriginal people. Aboriginal people are grossly over-represented in Canadian prisons including those being detained in remand custody. It is now settled that the principles expressed in Gladue are applicable outside of the context of sentencing and in many jurisdictions have been found to be applicable to judicial interim …
Dynamics Of The Courtroom Workgroup, Paige Chretien
Dynamics Of The Courtroom Workgroup, Paige Chretien
Honors Projects
The roles and responsibilities of the various members included in the courtroom workgroup were evaluated in determining the prevalence of ordinary injustices. The dynamics among such members were found to be the basis under which lax adversarialism, and ultimately injustice within the criminal justice system, dominates. Prosecutorial discretion and inadequate public defense systems were observed to compromise justice on several occasions.