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ijcs

IJSC

Hybrid Courts and Multilevel Rules of Law: Some Overall Considerations, Challenges and Opportunities
Pages 117-126

Creative Commons LicenseHenrik Andersen

DOI: https://doi.org/10.6000/1929-4409.2017.06.12

Published: 10 August 2017


Abstract: Hybrid courts are the third generation of international criminal bodies. Their hybrid nature makes them distinctive in the international judicial order. They combine domestic and international law; legal infrastructures; personnel at national and international level etc. They are praised in literature for overcoming resource and domestic legal infrastructural challenges and at the same time they stay close to the domestic legal order, and they satisfy the application of international criminal law in the specific cases. In addition, hybrid courts are instrumental in the process of transitional justice towards rule of law based societies. The concept of rule of law is contested. It can vaguely be defined as supremacy of law and it can be approached from various angles. The article claims that rule of law is a moral and/or political maxim with substantive values as it must provide both individuals and the public access to justice; it must provide a degree of equality of the subjects of law; it must provide predictability and legal certainty; it requires transparent procedures and impartial third party dispute mechanisms; and it must ensure the functionality of the legal system. Rule of law is further challenged when it is taken into the statist international sphere and into international criminal law. Where hybrid courts can serve the rule of law, they are also faced with rule of law challenges by governmental interference and by finding a balance between national and international law. 

Keywords: International criminal law, Hybrid courts, Rule of law.

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IJSC

Societal Derivations for the Illegal Gun Trafficking: In Addis Ababa: Ethiopia
Pages 127-132

Creative Commons LicenseDesalegn Birara

DOI: https://doi.org/10.6000/1929-4409.2017.06.13

Published: 10 October 2017


Abstract: Gun is not allowed to buy and own for civilians in Ethiopia. There are national laws, regulations and administrative procedures that allow production, export, import, transit or retransfer of small arms which are limited to state and federal security purposes; while any other, if any, is explained by the anti-terrorists act. The law requires a record of the acquisition, possession and transfer of each privately held firearm be retained in an official register. Nonetheless, both the anti-terrorist act and other firearm regulations, have not been successfully implemented to prevent illicit trafficking of guns and violent crimes associated with illegal gun possession. Peripheral neighborhoods in Addis Ababa prove its existence and people in these neighborhoods are found to be defenseless. Graveyards of church and jungles have been the busiest illegal gun exchange belts. The number of people involved in the different courses of action to procure guns is also considerable. This research assesses the societal apprehension to the illicit gun exchange. Residents in the village where illegal gun trafficking took place have negative impressions to it. The illegal gun exchange created fear in the residents; limited the right of people to movement; and embarrassed in many respects. Trust on police for security purposes is diminishing; because, residents understood policemen, themselves, as part of the illicit trafficking. The midnight time when people are most likely to sleep is the peak time of the gunfire. This compels to prognosticate the impending terrorism; as its opportunity of emergence and development is open.

Keywords: Gun trafficking, emerging terrorists, gun troubles, neighborhood insecurity.

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IJSC

Trauma-Informed Risk Assessment in Correctional Settings
Pages 93-102

Creative Commons LicenseJulie K. Bates-Maves and Deirdre O’Sullivan

DOI: https://doi.org/10.6000/1929-4409.2017.06.10

Published: 13 June 2017


Abstract: This paper outlines a model which infuses trauma-informed principles into the existing Risk-Needs-Responsivity model of risk assessment commonly used in correctional settings. The connection between certain types of trauma and criminality is established. Despite this, many risk assessment procedures do not include screening for trauma, or trauma-specific interventions. An overview of the lasting effects of childhood maltreatment is included. Trauma-informed practices and assessment recommendations are also provided, along with recommendations for additional resources.

Keywords: Trauma-informed, risk assessment, corrections .

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IJSC

Double Expectations: Law Enforcement Workers and Dilemmas on Handling Drug Use at the Street Level
Pages 103-116

Creative Commons LicenseRafaela de Quadros Rigoni

DOI: https://doi.org/10.6000/1929-4409.2017.06.11

Published: 20 June 2017


Abstract: This paper analyses law enforcement workers’ experiences when transforming policies for crack cocaine and heroin into practice. It focuses on dilemmas workers have and choices they make when approaching drug users. Grounded theory principles and ethnographic techniques were used to gather and analyse in depth interviews and extensive participant observations of 20 workers across the cities of Amsterdam (Netherlands) and Porto Alegre (Brazil). The comparative analysis enables to explore the impact of different socio-economic and political environments on workers’ practices around drug use. Three areas in which law enforcement workers reported to have dilemmas concern workers’ choices on how to deal with violence; choices between being tough or friendly towards users; and on defining their role on curbing public nuisance. If a first sight shows differences between the cities, in a closer look interesting similarities appear. When deciding upon approaching drug users, law enforcement workers drift between order and care approaches. At the street level, different contexts produce ambiguities and workers’ experiences question the etic reductionism in simple dichotomies of care vs. order approaches. From this closer perspective, similarities appear more clearly, as well as counterpoising perspectives to the stereotypical views of Dutch and Brazilian workers.

Keywords: Law enforcement, drug policy, street-level bureaucracy .

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IJSC

Personal Differences among Brazilian Adolescents with Distinct Levels of Engagement in Delinquency
Pages 65-74

Creative Commons LicenseAndré Vilela Komatsu and Marina Rezende Bazon

DOI: https://doi.org/10.6000/1929-4409.2017.06.07

Published: 11 May 2017


Abstract: Many adolescents manifest delinquent behavior, but only a few are responsible for most of the offenses and the serious crimes. To know the differences in the criminal engagement and in the personal variables related to the more persistent/severe antisocial behavior is important to adjust the Juvenile Justice Systems to the adolescents needs. In the Brazilian Justice System, this is not considered. Although the law indicates the importance of personalizing legal and social responses to each juvenile offender, the treatment is essentially undifferentiated. Therefore, the purpose of this study was to identify and describe personal variables that discriminate subgroups of Brazilian adolescents with different levels of criminal engagement. A total of 193 male adolescents (133 recruited in schools and 60 institutionalized) answered a Self-Report Delinquency Questionnaire, which included scales of psychosocial constructs. Five groups were found by the Ward and K-means clustering methods. The adolescents were compared on variables such as personal traits. Those groups with major criminal engagement had higher levels of impulsivity (η² = 0.08; p = 0.002), higher antisocial values (η² = 0.08; p = 0.003), and higher prevalence of alcohol (X² = 103.75; p < 0.001) and marijuana use (X² =257.61; p < 0.001). This finding confirms the specialized literature, denoting how important it is to identify and understand the differences in the criminal engagement of adolescents.

Keywords: Juvenile delinquency, juvenile justice systems, criminal engagement, cluster analysis .

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