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This paper exposes how colonial ways of knowing and being shape judicial behaviour in Brazil, where pre-trial detention is excessively used against racialised groups. I argue that judges continue to conceptualise and operationalise justice according to colonial logics and thus reveal the coloniality of justice. Drawing on decolonial theory from across South America and from interviews and court observations in Rio de Janeiro, I reveal how judges understand themselves as heroic crime fighters, acting beyond the law in a modern moral crusade. I examine how violence remains a central component of justice and consider how judges deal with the contradiction of neutrality and aggression. I argue that judges, by endorsing or tolerating violence, become agents of coloniality. [ABSTRACT FROM AUTHOR]

What role do extra-legal factors play in whether defendants plead guilty to a criminal offense? In this study, we provide qualitative evidence that pretrial detention is a contributing factor in adjudication outcomes. Many of our subjects reported that the prospect of being held in unsanitary and unsafe jails was sufficient to induce their acceptance of a plea, even when they maintained their innocence. Others worried that being held pre-trial would have a negative impact on employment and family responsibilities, and so chose to plead. Our quantitative analyses bolster these self-reports: in a national sample, defendants held in custody pre-trial are significantly more likely to enter a guilty plea, all else equal. These findings have important implications for individual outcomes, but also for the accountability of the criminal justice system as a whole. [ABSTRACT FROM AUTHOR]

In an unprecedented move, the criminal courts in Ontario closed on March 20th, 2020 in response to the COVID-19 pandemic. Bail appearances, however, could not be suspended, resulting in the rapid move to virtual appearances. Despite the dramatic change in the modality of court appearances, remarkably little changed in how the bail court operated or processed bail matters. Observations from 80 days of virtual bail court reveal the obdurate nature of well know issues with the bail process, including the culture of adjournment, reliance on surety supervision, and numerous conditions of release. Problematically, the courts are closed to the public and the accused are rendered invisible in the virtual space, leaving them even more dependent on counsel and the court. Differences in access to technology and private space create additional barriers for the most marginalized. Consistent with Feeley's assessment that 'the process is the punishment,' the virtual model has layered new punitive elements onto an already punishing experience. [ABSTRACT FROM AUTHOR]

This article compares protections relating to the non-disclosure of the identity of juveniles involved in the criminal justice systems of Viet Nam and Victoria (Australia). Both jurisdictions are committed to the principle of having an open court for the trials of juveniles. Nevertheless, being mindful of recommendations made by human rights bodies such as the United Nations Committee on the Rights of the Child – which promotes a closed court for these cases – both jurisdictions also recognise the importance of protecting the identity of juveniles on trial for criminal offences. They seek to balance their competing commitments to open court hearings and the protection of privacy through severely restricting the publication of information that could identify juvenile defendants. However, a review of the law and practices in both jurisdictions identifies different impacts and a number of problems. While restrictions on the publication of identifying information works effectively in Victoria, relevant laws are regularly breached without prosecution in Viet Nam. Significantly, existing protections in both Viet Nam and Victoria are almost exclusively focused on the trial phase and very few effective protections exist at earlier points, such as arrest and interrogation. This was highlighted by a focused investigation of pre-trial detention (bail), which revealed that while the practical operation of bail processes in Victoria is relatively stronger than in Viet Nam, statutory reform is required in both jurisdictions to strengthen legal protections against disclosure. In summary, the analysis demonstrates that it is possible to effectively protect the identity of juvenile defendants at the trial phase in an open court system provided that laws prohibiting the publication of identifying information are enacted, observed and enforced. In Viet Nam, significant changes in attitudes and practices are required to achieve this. Moreover, reform is required in both jurisdictions if the identity of juveniles involved in criminal justice proceedings is to be protected at the pre-trial phase. [ABSTRACT FROM AUTHOR]

Namibia's population of unconvicted inmates in police custody has been on the rise, not only since the report by the Ombudsman to the National Assembly in 2006. Although the Namibian government made efforts thereafter to improve the conditions of detention, interim gains made by virtue of capital investments into the expansion and refurbishment of physical infrastructure have been cancelled out by the growing remand population. The reason could be a growing population and the commensurate increase of the number of younger people who theoretically contribute to a higher incidence of crime. Yet something is amiss, because notwithstanding demographic dynamics, over the last 20 to 30 years or so, the police's arrest statistics have not changed much. A plausible alternative explanation could be a continuous shift of the Namibian criminal justice system towards crime control. However, due to the pervasive dearth of justice data, especially criminal justice data, it is difficult to explain the situation. Equally, due to missing field data, there is no evidence from which to make recommendations for policy and practice. Receptiveness among Namibian criminal justice stakeholders to a broad and deep analysis into the reality of pre-trial detention in Namibia varies considerably. This article makes the case for a complex study of pre-trial detention in Namibia. [ABSTRACT FROM AUTHOR]

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Pre‐trial detention plays an important, and often contentious, role in the criminal justice process. Legal theorists have gone to great lengths to distinguish between preventive detention and punishment with respect to pre‐trial detention, as it would violate the principle of retribution and the presumption of innocence if yet‐to‐be convicted defendants were subjected to punishment. Nonetheless, the experiences of detainees remains an understudied area. The purpose of this article is not to dispute whether pre‐trial detention is, or can be justified as, a form of punishment, but it is to show that pre‐trial detention, at least in the minds of detained defendants, is punitive. Drawing on interviews with a sample of previously‐detained defendants in Hong Kong, it is found that they experience censure (stigma) and hard treatment during their time in pre‐trial detention. Implications and recommendations are discussed. [ABSTRACT FROM AUTHOR]

The following paper concentrates on the detention of minors, especially what concerns the international legal provisions regarding pre-trial detention. It is very important to ensure that no one should be deprived of his liberty in an arbitrary fashion, this also refers to children as well. Deprivation of liberty may take numerous other forms besides arrest of conviction, these forms differ in degree or intensity and this is why courts and domestic authorities have to have a clear view to be able to undertake an autonomous assessment of the situation. While detention occurs in various circumstance, I would like to focus on children in contact with the criminal justice system. Article 5 para. 1 (d) provides that "No one shall be deprived of his liberty save the following cases and in accordance with a procedure prescribed by law: (d) the detention of a minor by lawful order for the purpose of educational supervision or his lawful detention for the purpose of bringing him before the competent legal authority." This notion of a minor encompasses persons under the age of 18 in the light of European Standards and Resolutions of the Committee of Ministers of the Council of Europe (Commission decision of 14 December 1979). This law text excerpt is not only a provision which permits the detention of a minor, but also contains a specific, but not exhaustive, example of circumstances in which minors might be detained, namely for the purpose of their educational supervision or bringing them before a competent legal authority. In this present paper I would also like to include a case presentation: Nart v. Turkey, where the ECHR found a violation of Article 5 [ABSTRACT FROM AUTHOR]

Purpose – Little is known about the association of intimate partner violence (IPV) with specific HIV-treatment outcomes, especially among criminal justice (CJ) populations who are disproportionately affected by IPV, HIV, mental, and substance use disorders (SUDs) and are at high risk of poor post-release continuity of care. Design/methodology/approach – Mixed methods were used to describe the prevalence, severity, and correlates of lifetime IPV exposure among HIV-infected jail detainees enrolled in a novel jail-release demonstration project in Connecticut. Additionally, the effect of IPV on HIV treatment outcomes and longitudinal healthcare utilization was examined. Findings – Structured baseline surveys defined 49 percent of 84 participants as having significant IPV exposure, which was associated with female gender, longer duration since HIV diagnosis, suicidal ideation, having higher alcohol use severity, having experienced other forms of childhood and adulthood abuse, and homo/bisexual orientation. IPV was not directly correlated with HIV healthcare utilization or treatment outcomes. In-depth qualitative interviews with 20 surveyed participants, however, confirmed that IPV was associated with disengagement from HIV care especially in the context of overlapping vulnerabilities, including transitioning from CJ to community settings, having untreated mental disorders, and actively using drugs or alcohol at the time of incarceration. Originality/value – Post-release interventions for HIV-infected CJ populations should minimally integrate HIV secondary prevention with violence reduction and treatment for SUDs. [ABSTRACT FROM AUTHOR]

Prison overcrowding is a major problem in the Belgian criminal justice system, with 40% of the current population consisting of prisoners remanded in custody. Driven by a goal of prison overcrowding prevention, electronic monitoring has been implemented nationally since 2000, but only as an alternative to the execution of the entire, or a part of the prison sentence imposed. This article aims to report some final results of recent research on the possible application of electronic monitoring as an alternative to remand custody in Belgium, more particularly with regard to some important legal, practical and organisational questions. [ABSTRACT FROM AUTHOR]

Prison overcrowding is a major problem in the Belgian criminal justice system, with almost 40% of the current population consisting of prisoners in remand custody. Driven by a goal of prison overcrowding prevention, electronic monitoring has been implemented nationally since 2000, but only as an alternative to the execution of the entire or a part of the prison sentence imposed. This article aims to report some final results of a recent research on the possible application of electronic monitoring as an alternative to pre-trial detention in Belgium. [ABSTRACT FROM AUTHOR]

This paper intends to describe what happened in the Hungarian Criminal Procedural Law in the last decade. Following the most significant changes we can have an impression of tendencies which have influenced the recent amendments. We can realise that requirements formulated in documents adopted by international organisations (first of all the European Union, the Council of Europe) are more and more decisive in the field of criminal justice as well. [ABSTRACT FROM AUTHOR]

Background Various lines of research point to the overrepresentation of individuals with intellectual disability1 (ID) in the criminal justice system. Studies have also shown that individuals with ID are vulnerable to mental health problems. To date there have been no Canadian studies of individuals with an ID in the criminal justice system. Method The present study reports on the sociodemographic, mental health and criminological characteristics of 281 individuals with an ID from a Canadian study of men in a pre-trial holding centre. Results Almost 19% of the men had a probable ID, and nearly one-third (29.9%) were in the borderline IQ range. As was the case for their non-ID counterparts, the mean age of the probable ID group was in the early 30s, few were employed, and most had low incomes. Individuals in the probable and borderline ID groups had lower rates of high school completion than those in the average intellectual ability range. Over 60% of individuals with an ID had a substance use disorder, and 1 in 5 was intoxicated at the time of assessment. These rates were similar across groups, and to those found in the literature. A large majority of individuals with ID had a previous conviction, and most had previously committed a violent offence. Conclusions Among other limitations, the sample may not have been entirely representative of the total population of men in the pre-trial detention centre, given the relatively high refusal rate (39.5%). Results are discussed in terms of orienting criminological and mental health services as a function of the level of intellectual and adaptive functioning of individuals with ID. [ABSTRACT FROM AUTHOR]