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Date: April 30, 2024 Tue
Time: 12:58 am
Time: 12:58 am
Results for pre-trial detention
4 results foundAuthor: Veen, Violaine Title: Risk Profiles of Youth in Pre-Trial Detention: A comparative study of Moroccan and Dutch male adolescents in the Netherlands Summary: Moroccan male adolescents in the Netherlands are highly overrepresented in youth crime, compared to both native Dutch and other ethnic minority groups. The current thesis has been the first to examine the characteristics of Moroccan adolescent offenders in the Netherlands in relation to various environmental and individual risk factors, using quantitative data from both an offender population and from the general population. The objective of the present study was a) to identify the risk profile of Moroccan youth offenders in pre-trail detention, b) to compare this risk profile with that of native Dutch adolescents in pre-trail detention, and c) to draw intra-ethnic comparisons of various risk factors by using comparison samples from the respective general populations. Participants in this study were 299 boys aged 12-18 years, placed in pre-trial detention in 10 juvenile justice institutions in the Netherlands. From all incarcerated boys, 141 were of Moroccan origin and 158 were native Dutch. Of the participants, 168 parents participated in the study. Overall, a less problematic profile was found for Moroccan adolescents in pre-trial detention than for native Dutch adolescents in pre-trial detention. First, analysis of police record data showed that the offending behavior of Moroccan adolescents in pre-trial detention was characterized by relatively less serious delinquent acts (i.e., property-based offences) compared to native Dutch. Second, individual risk factors such as mental health problems and psychopathic traits, were found to be less prevalent among Moroccan adolescents in pre-trial detention than among native Dutch. Third, less control and less affection expression characterized the mother-son relationship in Moroccan families in general. Finally, the level of orientation towards Dutch society was higher for Moroccan adolescents in pre-trial detention than for Moroccan adolescents from the general population. In sum, the risk profile of Moroccan youths in pre-trial detention was found to be less problematic compared to the risk profile of incarcerated native Dutch, and incarcerated Moroccans were found to be more orientated towards the Dutch society than their Moroccan peers in the general population. The characteristics of Moroccan boys are indicative of various theoretical explanations for their overrepresentation in crime. First, being strongly oriented towards the Dutch society may make Moroccan youths more likely to use natives as a basis of social comparison, and therefore may make them more prone to experience frustration regarding their unfavorable socio-economic and socio-cultural position in the Netherlands. As a consequence, Moroccan immigrant youths may be more likely to engage in criminal activities. Second, a lack of social control exerted by for instance school and mothers in Moroccan families, is thought to contribute to problem behavior in Moroccan boys. Third, there are indications that discriminatory processes in the juvenile justice system may to some extent account for their overrepresentation in youth crime, and our findings on the relatively less problematic risk profiles of Moroccan boys are in line with these indications. Support is warranted for Moroccan boys, for example by creating more educational opportunities and better chances on the labor market and by helping Moroccan families accessing mental health services. Details: Utrecht: Utrecht University, 2011. 170p. Source: Internet Resource: Dissertation: Accessed June 26, 2013 at: http://igitur-archive.library.uu.nl/dissertations/2011-0819-200943/UUindex.html Year: 2011 Country: Netherlands URL: http://igitur-archive.library.uu.nl/dissertations/2011-0819-200943/UUindex.html Shelf Number: 129187 Keywords: AdolescentsJuvenile DetentionJuvenile Offenders (Netherlands)Minority GroupsPre-Trial DetentionRisk AssessmentSocioeconomic Status |
Author: Prison Reform International Title: Alternatives to Imprisonment in East Africa: Trends and challenges Summary: Prison overcrowding is a serious problem in East Africa. The occupancy rate of prisons in Tanzania is over 145 percent and in Kenya and Uganda it is over 200 percent. The congestion is caused in large part by the excessive use of pre-trial detention: approximately half of those detained at any one time are awaiting justice. Congestion is also caused by the imposition of short terms of imprisonment. A significant number of people, most of whom are living in poverty, are sentenced to prison for a few weeks or even days for offences such as using abusive language, operating a small business without a valid licence, the possession of illicit 'liquor' or simple theft. Details: London: Prison Reform International, 2012. 36p. Source: Internet Resource: Accessed January 16, 2014 at Year: 2012 Country: Africa URL: http://www.penalreform.org/wp-content/uploads/2012/05/alternatives-east-africa-2013-v2-2.pdf Shelf Number: 131780 Keywords: Alternatives to Incarceration (East Africa)Pre-Trial DetentionPrison Overcrowding (East Africa) |
Author: Zimbabwe Lawyers for Human Rights Title: Pre-Trial Detention in Zimbabwe: Analysis of the Criminal Justice System and Conditions of Pre-Trial Detention Summary: This analysis of the criminal justice system and conditions of pre-trial detention in Zimbabwe was conducted to better understand the variance between the policy and legislative frameworks that govern pre-trial detention and the conditions in detention facilities in Zimbabwe, and to provide concrete recommendations to improve the situation. It was undertaken in the context of a country emerging from over a decade of socio-economic collapse, aspects of which had negatively affected the justice delivery system. Researched and produced by the Zimbabwe Lawyers for Human Rights and the Law Society of Zimbabwe, the study found that the number of pre-trial detainees was found to be high - approximately 30 percent of the total prison population - due to inefficiencies in the country's justice delivery system. Direct and indirect political control of the criminal justice system has also meant that the independence and neutrality of key institutions - such as the police, Attorney-General's office and the judiciary - has often been hindered. Severe underfunding, capacity constraints and poor conditions of service among institutions within the justice delivery system have also contributed to increasing inefficiency in caseflow management, which has resulted in unnecessarily prolonged stays for many PTDs. This excessive detention undoubtedly violates inmates' rights to freedom, dignity and a fair and speedy trial as enshrined in the constitution as well as in other national, regional and international statutes. The situation of human rights defenders and detainees held for political reasons was found to be worse, with political vendettas seemingly taking pre-eminence over the execution of justice. The conditions in pre-trial detention were found to be despicable and inhumane, and amounted to violations of the detainees' rights. The report also highlights the plight of female inmates, children incarcerated alongside their mothers and juvenile offenders, as well as other concerns, such as overcrowding in prisons, run-down infrastructure and the shortage of basic services, nutritious food and adequate clothing. The study concludes that, while the country has an apparently adequate legislative framework to enable the realisation of the rights of pre-trial detainees, the implementation of these legislative provisions remains the major obstacle - due primarily to funding shortages, institutional capacity constraints, and the slow recovery in the country's socio-political and economic fortunes. The report concludes with a number of key recommendations, including the establishment of an integrated caseflow management system to enable more rapid processing of cases; more effective implementation of the parole system; an increase in government funding to upgrade the infrastructure at detention facilities, and provide adequate nutrition and clothing; and an improvement in social amenities so as to meet humane standards of treatment for detainees. The report also argues that improved conditions of service for employees within various institutions in the criminal justice system - such as the police, prison services, Attorney-General's office and judiciary - would complement efforts to improve professionalism and efficiency in the country's justice delivery system. However, there is also an overarching need for socio-economic and political stability in Zimbabwe to pave the way for the creation of an environment that allows for the optimal functioning of the criminal justice system. Conclusions and Recommendations The study found that despite a strong legislative framework - ranging from the constitution to various acts of parliament and also regional and international statues mandating rights for pre- and post-trial detainees - there were a number of challenges at the implementation level. Among the key challenges was the poor administration of criminal procedure by law enforcement institutions and agents and the judiciary, which in many cases resulted in prejudice against pre-trial detainees and the violation of their rights. Many pre-trial detainees had faced prolonged pre-trial incarceration due to the failure by the police to fully investigate their cases, so that their cases were tossed back and forth between the police and the Attorney General's Office, and they were tossed back and forth between the courts and remand prison. Meanwhile, the lack of adequate resources within the judiciary and prison services resulted in inefficiency in dealing with trials and ensuring the pre-trial detainees spent the least amount of time possible awaiting trial. There are also serious concerns about the condition of detention centres, including overcrowding, dilapidated infrastructure, and inadequate food and clothing for inmates. Unfortunately, owing to many years of neglect and underfunding, there seemed to no sustainable solutions to these problems, despite the fact that non-state actors, such as NGOs, were working hard to try and improve conditions. Recommendations: Rights of pre-trial detainees To better safeguard the rights of pre-trial detainees, there is a need for: Increased awareness and implementation of the Constitutional provisions guaranteeing pre-trial detainees their rights while they are incarcerated by all key state institutions; - Increased use of non-custodial measures such as diversion, particularly for young offenders; - Increased cooperation between criminal justice institutions to ensure the efficient flow of cases from the moment of arrest until finalisation of a trial; and - Firm judicial control over every stage of criminal proceedings. Improving conditions of service for government employees - The government must improve conditions of services for all state institutions in the justice delivery system, which would help to minimise institutional lethargy, motivate employees, promote greater effectiveness and efficiency, and reduce corruption. Improving coordination between 'sentencing' and 'custodian' authorities - A liaison committee should be established to improve coordination between the ZPS and the judiciary to help alleviate overcrowding in prisons since there is reportedly no consultation or coordination at all between the 'sentencing authority' and the 'custodian authority', which cannot refuse to accept new inmates. Strengthening caseflow management - The government and its partners should develop and implement an integrated caseflow management system, enabled by effective ICT, which will result in an automated and quicker flow of cases using an electronic filing system. - A Caseflow Management Committee should also be established to ensure that cases in the Magistrates, High and Supreme Courts are dealt with expeditiously and that in future no-one spends months or years in remand prison. - The operation of the parole system, which allows prisoners serving long sentences to be eligible for release with specific conditions before the expiry of their sentences, needs to be enhanced. - Judges and magistrates should consider travelling to prisons to hold court hearings since this would reduce congestion in the courts and consequentially the number of remand prisoners. Improving prisoners' welfare - The government should immediately fund the repair of prison infrastructure across the country, and should engage other partners, such as donor organisations and the private sector, to assist. - The involvement of volunteers, community groups and NGOs should be increased to provide meaningful programmes for prisoners since these improve morale and reduce inmate idleness. - The government - through the Department of Social welfare and with support from non-state partners - should boost funding of the Zimbabwe Prison Services so that it can adequately care for pregnant women as well as infants and children who are incarcerated with their mothers and who need play areas, bedding, clothing and food for their growth, health and developmental needs. - Prison officers need to be trained to assist pregnant prisoners by learning how to assess risk and about their extra requirements in terms of diet, nutrition, and general prenatal care. - The rehabilitation aspect within the country's prisons - particularly the thrust towards providing inmates with sustainable social, technical and economic skills so that they can reintegrate more effectively into communities upon release - needs to be strengthened. The government should also enhance collaboration with NGOs to promote better community reintegration of offenders. - Inmates should be trained on preventative health care, including basic sanitation, food preparation and personal hygiene. - Prison officers should be trained to communicate with prisoners with hearing and speech impairments. Details: Harare: ZLHR, Law Society of Zimbabwe, 2013. 60p. Source: Internet Resource: Accessed March 13, 2014 at: http://www.osisa.org/sites/default/files/pre-trial_detention_in_zimbabwe.pdf Year: 2013 Country: Zimbabwe URL: http://www.osisa.org/sites/default/files/pre-trial_detention_in_zimbabwe.pdf Shelf Number: 131893 Keywords: Criminal Justice SystemsInmatesPre-Trial DetentionPrisons |
Author: Flower, Shawn M. Title: Adjusting the Lens: A Window Into the Needs of Men in Jail Summary: This report summarizes the results of the self-reported survey of 200 men detained at the Baltimore City Detention Center (BCDC) conducted from May 2009 to July 2009, known as the Window Replication Project. Over 35,000 people are committed to BCDC annually, 86% of which are men. In general, jails contain a diverse population of individuals in varying stages of the criminal justice system - from pre-trial, post-conviction, and sentenced. Men and women in jail may be detained waiting for trial, and among those convicted, are awaiting sentencing or serving their sentence if the incarceration period is less than 12 to 18 months. In addition, a number of people in jail are in a transitional phase - those sentenced to longer terms may be awaiting transfer to a state prison while others may be held awaiting transfer to a federal, state or other local jurisdiction. Among jails, BCDC is unique in the respect that the facility is neither directed nor funded by Baltimore City. BCDC is part of the state correctional system run by the Department of Public Safety and Correctional Services (DPSCS). BCDC is one of the twenty largest detention centers in the nation, with an average daily population of 3,997 at midyear 2009 and ranked third in holding the highest proportion of its population in jail when compared to similar institutions. It is important to note that such large, urban jails are faced with particular challenges due to the demographics and special needs of the population. For example, large urban jails typically have higher minority populations, disproportionate to community demographics, than rural jails. Moreover, mental illness, infectious disease and HIV are more prevalent at these jails. Emanating from a mutual desire to better understand the needs of men at BCDC, faith-based and community-based organizations and local government joined together to collaborate on the Window Replication Project. Catholic Charities of Baltimore and Choice Research Associates originated the inquiry and other key players subsequently joined, including the Baltimore City Mayor's Office on Criminal Justice representing the City of Baltimore, and Power Inside, a community-based organization. Power Inside shared its 2005 jail reentry needs assessment of 148 women detainees at BCDC6, The Window Study - Release from Jail: Moment of Crisis or Window of Opportunity for Female Detainees?, which formed the foundation of the Window Replication Project. Once the Window Replication Project partners were established in May 2008, the partnership obtained approval from the DPSCS Research Committee and signed a Memorandum of Understanding with DPSCS to conduct the survey. The partnership between the members of the Window Replication Project and DPSCS continues in the hope that the multiple needs of this population can be better met through the use of these study findings at both the programmatic and policy level. Overall, the survey results detailed below confirm what was suspected about the life experiences and level of need of men detained in BCDC. Details: Greenbelt, MD: Choice Research Associates, 2010. 24p. Source: Internet Resource: Accessed May 1, 2015 at: http://www.abell.org/sites/default/files/publications/cja_windows1110.pdf Year: 2010 Country: United States URL: http://www.abell.org/sites/default/files/publications/cja_windows1110.pdf Shelf Number: 135448 Keywords: Gender-Specific ResponsesJail Inmates (Baltimore)JailsMalesPre-trial Detention |