Rethinking Criminal Justice | Reflective Journal

Rethinking Criminal Justice
Reflective Journal
This assessment requires you to write a reflective journal. The purpose of the reflective
journal is to enable you to demonstrate your understanding of the tutorial content, to
express your personal take of relevant issues and to reflect on the implications of the
material discussed in the wider socio-legal context.
Remember that reflective journals are not about repeating what you were told in class or
what you have read about. We will be assessing your engagement with the content, so you
need to show how you have analysed what you have learnt.
When reflecting, you should consider the questions below. Do note that the list is not
exhaustive and that you do not have to cover each point in every log.
 What have you learnt from completing the tutorial preparatory work and the class
discussions?
 What is your personal take of the relevant issues?
 How does thisfits in with what you already knew?
 Has what you have learnt changed or challenged your thinking on the subject? How?
 What ideas/principles are you still unsure about and why?
You must provide 4 reflective logs on 4 designated tutorials. The overall word limit for the
Reflective Journal is 1500 words (+/-10%) and each log should be approximately the same in
length (350-400 words). Please note that the word limit is in relation to the reflection part
of your log; the word count does not include details of the preparation undertaken.
The tutorials which you MUST reflect on are:
1. Rape: Current Challenges (Tutorial 3)
2. Domestic Violence: Response of the CJS (Tutorial 4)
3. ‘Honour Crimes’: Challenges (Tutorial 5)
4. Child Sexual Abuse: Victims and Offenders (Tutorial 7)
Please fill out the templates below for each of the 4 tutorials that you have chosen (you can
delete this cover page).

Reflective Log 1
Tutorial Topic: Rape: Current Challenges (Tutorial 3)
Name of Tutor:
Outline the preparatory work that you completed for this tutorial (e.g. readings
completed, essential and further, and other tasks outlined in the tutorial guide). This
section can be in bullet point form.You should reference using OSCOLA.
City Research Online - Browse By Schools And Department By Authors'
(Openaccess.city.ac.uk, 2020)
<https://openaccess.city.ac.uk/view/divisions2/SSSOCL.type.html> accessed 4 April 2020
Dinos S and others, 'A Systematic Review Of Juries' Assessment Of Rape Victims: Do
Rape Myths Impact On Juror Decision-Making?' (2015) 43 International Journal of Law,
Crime and Justice
Duggan M, 'Rethinking Rape Law: International And Comparative Perspectives. Edited By
Clare Mcglynn And Vanessa Munro (London: Routledge, 2010. 368Pp. 27.99 Pb)' (2011)
51 British Journal of Criminology
Hine B, and Murphy A, 'The Influence Of ‘High’ Vs. ‘Low’ Rape Myth Acceptance On
Police Officers' Judgements Of Victim And Perpetrator Responsibility, And Rape
Authenticity' (2019) 60 Journal of Criminal Justice
Reflection (350-400 words):
Rape
It has been understood through the discussion and the preparatory work that Rape is
considered to be a statutory offence under the English law. It is sexual penetration of the
vagina or the anus or the mouth of another individual with or without any kind of force by
a sex organ or any other body part or through a foreign object without any kind of consent
by the victim. As per the report in Rotherham there had been a victim who had been
groomed for the age of twelve years and had been raped at the age of thirteen for the first
time once a week every week till the time she turned 15. This report had lifted the lid on
the sexual exploitation that used to take place and there had been blatant collective failures
in order to deal with such issue1. The legal process has provided with various statutory
provisions in order to punish the individuals who have been involved in such a gruesome
act but they would not understand the effect of being raped.
It has also been understood that there have been several efforts made by the
government and the legal system in order to lower the level of attrition. However, the issue
lies that a rape complaint is considered to successfully pass through various obstacles in
order to secure justice in law and avoid attrition2. Therefore, a dual role is considered to fall
1 Hine B, and Murphy A, 'The Influence Of ‘High’ Vs. ‘Low’ Rape Myth Acceptance On Police Officers'
Judgements Of Victim And Perpetrator Responsibility, And Rape Authenticity' (2019) 60 Journal of Criminal
Justice
2 Dinos S and others, 'A Systematic Review Of Juries' Assessment Of Rape Victims: Do Rape Myths Impact On

to that of the police in order to investigate a complaint and on the other hand, since the
victim is considered to be the key witness to keep that individual engaged in the criminal
justice process. These factors also contribute to the increase in attrition and dropping of
cases.
Thus, it has been understood that these are considered to serve certain excuse or
sexual aggression in order to create hostility towards the victims and provide a prejudiced
criminal prosecution. Rape myths are considered to be prejudicial or stereotyped or false
benefits regarding the sexual assaults along with rapists or the rape victims3.
The rape victims need to be provided with better opportunities and they need to be
given good counselling and therapy sessions which would help them resolve their issues
and try to help them find their self-confidence back.
The individuals engaged in such offences should be imprisoned and punished for life
for committing such a gruesome act. They should also be provided therapy in order to deter
them from engaging in such activities in the future in the criminal justice system but the
issue still remains unsure as to why the individuals engaging in such activities commit such
crime4.
Number of words: 443
Juror Decision-Making?' (2015) 43 International Journal of Law, Crime and Justice
3 Duggan M, 'Rethinking Rape Law: International And Comparative Perspectives. Edited By Clare Mcglynn
And Vanessa Munro (London: Routledge, 2010. 368Pp. 27.99 Pb)' (2011) 51 British Journal of Criminology
4 'City Research Online - Browse By Schools And Department By Authors' (Openaccess.city.ac.uk, 2020)
<https://openaccess.city.ac.uk/view/divisions2/SSSOCL.type.html> accessed 4 April 2020

Reflective Log 2
Tutorial Topic: Domestic Violence: Response of the CJS (Tutorial 4)
Name of Tutor:
Outline the preparatory work that you completed for this tutorial (e.g. readings
completed, essential and further, and other tasks outlined in the tutorial guide). This
section can be in bullet point form.You should reference using OSCOLA.
(Shura.shu.ac.uk, 2020) <http://shura.shu.ac.uk/9311/3/Grace_-
_Disclosing_domestic_violence_-_Criminal_Justice_Matters_-_Final.pdf> accessed 4
April 2020
Allen G, and Strickland P, 'Domestic Violence In England And Wales' (House of
Commons Library, 2020)
<https://commonslibrary.parliament.uk/research-briefings/sn06337/> accessed 4 April
2020
Domestic Violence, Crime and Victims Act 2004.
Gibbon, K. and Walklate, S •, 'The Efficacy Of Clare’S Law In Domestic Violence Law
Reform In England And Wales - Kate Fitz-Gibbon, Sandra Walklate, 2017' (SAGE
Journals, 2020) <https://journals.sagepub.com/doi/abs/10.1177/1748895816671383>
accessed 8 April 2020
HMIC (Wto.org, 2020)
<https://www.wto.org/english/tratop_e/dispu_e/gatt_e/80coffee.pdf> accessed 8 April
2020
Reflection (350-400 words):
Domestic Violence
It has been understood through the several preparatory works that Domestic
Violence is considered to be a criminal offence and such can be physical or psychological,
financial, sexual or emotional as stated by the law in the United Kingdom. The Domestic
Violence, Crime and Victims Act 20045 regulate it. This particular tutorial explains the
crime of domestic violence and provides certain legal remedies which can be claimed by
the victims of the offence and such can be civil as well as criminal remedies.
According to Section 76 of the Serious Crime Act 2015, it criminalizes the patterns
regarding coercive and controlling behavior which might be committed against any
familiar partner or any other family member. Therefore, the issue still remains that with the
initiatives the government is undertaking in order to reduce such forms of violence whether
5 Domestic Violence, Crime and Victims Act 2004.

such has been truly enforceable in nature. As they have also been introducing a statutory
definition along with creation of the Domestic Abuse Protection Notice among others.
As it has already been understood that it provides with the extent and the nature of
domestic abuse and such is considered to be shocking. It helps us understand that the
domestic abuse is considered to cause serious harm6. In 2013, the Home Secretary had
commissioned HMIC in order to conduct an investigation whereby they would be reporting
on the efficiency of the police method to that of the domestic violence as an abuse and
concentrated on the outcome for the victims and whether there were any risks associated
with such violence which could be managed. It also identified the police approach of the
abuse and tried making recommendations in order to improve the current circumstance7.
This tutorial in turn has made me understand the Clare’s Law in which there is an
initiative or a scheme which helps the individuals to find out from the police if their
partners are considered to have a history of any domestic violence. However, such has
challenged my thinking in its applicability or enforceability to truly grasp the
understanding of the concept as this initiative had been taken to protect a victim from being
attacked8.
The issues which poses a challenge is considered to be the various community
attitudes and the gender roles which influence the existence of the domestic violence for
any kind of disclosure or reporting rates. Most of the cases involving domestic violence
remain un-reported as they are considered to be complex as there is a fear of the perpetrator
or the reluctance of acknowledging such incident when it had taken place. Although there
are various initiatives taken by the government and the police the steps are not adequate as
most of the cases remain unreported which creates a gap as such is considered to be
influencing the perpetrator to be engaged in such a gruesome act. Therefore, the initiatives
are not adequate as the enforcement is considered to be weak9
Number of words: 489
6 Allen G, and Strickland P, 'Domestic Violence In England And Wales' (House of Commons Library, 2020)
<https://commonslibrary.parliament.uk/research-briefings/sn06337/> accessed 4 April 2020
7 HMIC (Wto.org, 2020) <https://www.wto.org/english/tratop_e/dispu_e/gatt_e/80coffee.pdf> accessed 8 April
2020
8 Gibbon, K. and Walklate, S •, 'The Efficacy Of Clare’S Law In Domestic Violence Law Reform In England
And Wales - Kate Fitz-Gibbon, Sandra Walklate, 2017' (SAGE Journals, 2020)
<https://journals.sagepub.com/doi/abs/10.1177/1748895816671383> accessed 8 April 2020
9 (Shura.shu.ac.uk, 2020) <http://shura.shu.ac.uk/9311/3/Grace_-_Disclosing_domestic_violence_-
_Criminal_Justice_Matters_-_Final.pdf> accessed 4 April 2020

Reflective Log 3
Tutorial Topic: ‘Honour Crimes’: Challenges (Tutorial 5)
Name of Tutor:
Outline the preparatory work that you completed for this tutorial (e.g. readings
completed, essential and further, and other tasks outlined in the tutorial guide). This
section can be in bullet point form.You should reference using OSCOLA.
Eshareturi C, Lyle C, and Morgan A, 'Policy Responses To Honor-Based Violence: A
Cultural Or National Problem?' (2014) 23 Journal of Aggression, Maltreatment & Trauma
Idriss M, 'Not Domestic Violence Or Cultural Tradition: Is Honour-Based Violence
Distinct From Domestic Violence?' (2017) 39 Journal of Social Welfare and Family Law
Kumar P, 'Lynn Welchman And Sara Hossain (Eds), Honour: Crimes, Paradigms, And
Violence Against Women. New Delhi: Zubaan, 2006. Xiv + 384 Pp. Notes, References,
Index. Rs 595 (Hardback)' (2011) 45 Contributions to Indian Sociology
Meetoo V, and Mirza H, '“There Is Nothing ‘Honourable’ About Honour Killings”:
Gender, Violence And The Limits Of Multiculturalism' (2007) 30 Women's Studies
International Forum
TAŞ ÇİFÇ İ F, 'Forced Marriage And ‘Honour’ Killings In Britain: Private Lives,
Community Crime And Public Policy Perspectives C. Julios. Farnham: Ashgate (2015)
170Pp. £60.00Hb ISBN 978-1-4724-3249-0' (2016) 55 The Howard Journal of Crime and
Justice
Reflection (350-400 words):
Honor Crimes
It can be understood through the tutorial that Honor killing is considered to be a
form of murder of an individual who has been accused of bringing shame upon the family.
The crimes are considered to be committed by the family members, the rate of such crimes
have increased in the UK in the recent years, and these crimes have remain undetected and
unreported10.
There are certain issues that arise where it has been shown that the UK government
is considered to have consistently sidelined violence which is considered be honor-based
from any kind of mainstream political discourse and such has been considered to have
chosen to present an issue as a difficulty as it has embedded the culture of the communities
which are considered to be minorities. This as a result leads inevitably to a sense of certain
discriminating cultural understanding where the pressure is considered to be viewed as
10 Kumar P, 'Lynn Welchman And Sara Hossain (Eds), Honour: Crimes, Paradigms, And Violence Against
Women. New Delhi: Zubaan, 2006. Xiv + 384 Pp. Notes, References, Index. Rs 595 (Hardback)' (2011) 45
Contributions to Indian Sociology

something that is socially competent11.
Therefore, it can be understood that the honor-based violence is considered to be
the infliction of the violence that is mainly upon the women who are considered to have
brought shame and dishonor among their family for certain reasons and there has been an
increase in the recognition of the honor killings which also involved high prosecutions of
the honor killers. The case of Tulay Goren who was 15 was killed as she ran away from her
home in order to live with her boyfriend since the boy was twice her age and the family
disapproved as he was from a different branch of Islam. The father had been jailed for life
for the minimum sentence of 22 years for killing the schoolgirl by kidnapping, drugging
and tying her up12. The organizations are considered to deal with various honor based
violence and they are considered to deal with victims of forced marriage who tried to
escape the coercion into matrimony13.
Thus, it can be said that it creates a confusion since there has been statutory
provisions which prevent the forced marriages and any individual involved in forcing
someone to marry would be jailed up to two years. However, the government has taken a
logical step in criminalizing the forced marriages as the individuals force their children into
marriages in order to preserve the wealth and their family reputation but the enforcement of
such provisions are considered to be weak.
Overall, the police is considered to detect and identify the cases of honor crimes and
after such provide evidences through investigation, which would help in the prosecution of
the individuals, involved in such heinous crimes and therefore, these are certain things on
which I am unclear about14.
Number of words: 449
11 Meetoo V, and Mirza H, '“There Is Nothing ‘Honourable’ About Honour Killings”: Gender, Violence And
The Limits Of Multiculturalism' (2007) 30 Women's Studies International Forum
12 Idriss M, 'Not Domestic Violence Or Cultural Tradition: Is Honour-Based Violence Distinct From Domestic
Violence?' (2017) 39 Journal of Social Welfare and Family Law
13 TAŞ ÇİFÇ İ F, 'Forced Marriage And ‘Honour’ Killings In Britain: Private Lives, Community Crime And
Public Policy Perspectives C. Julios. Farnham: Ashgate (2015) 170Pp. £60.00Hb ISBN 978-1-4724-3249-0'
(2016) 55 The Howard Journal of Crime and Justice
14 Eshareturi C, Lyle C, and Morgan A, 'Policy Responses To Honor-Based Violence: A Cultural Or National
Problem?' (2014) 23 Journal of Aggression, Maltreatment & Trauma

Reflective Log 4
Tutorial Topic: Child Sexual Abuse: Victims and Offenders (Tutorial 7)
Name of Tutor:
Outline the preparatory work that you completed for this tutorial (e.g. readings
completed, essential and further, and other tasks outlined in the tutorial guide). This
section can be in bullet point form.You should reference using OSCOLA.
Institute Of Criminal Justice Studies - Portsmouth Research Portal'
(Researchportal.port.ac.uk, 2020)
<https://researchportal.port.ac.uk/portal/en/organisations/institute-of-criminal-justice-
studies(adb93c7a-6625-4c6a-9651 8fa9e9cc5171)/publications.html?
page=0&pageSize=500> accessed 4 April 2020
KEMSHALL H, and MAGUIRE M, 'Public Protection, Partnership And Risk Penality'
(2001) 3 Punishment & Society
McCartan K, Hoggett J, and O’Sullivan J, 'Police Officer Attitudes To The Practicalities
Of The Sex Offenders’ Register, Visor And Child Sexual Abuse Disclosure Scheme In
England And Wales' (2017) 24 Journal of Sexual Aggression
Sexual Offences Act 2003
Wilkinson D and others, 'Protecting Future Children From In-Utero Harm' (2016) 30
Bioethics
Reflection (350-400 words):
Child Sexual Abuse
It can be understood through the materials provided that Sexual violence is
considered to be a significant public health problem and child sexual abuse has been
considered to be reported throughout the country and most of the time the abuser is
considered to be a close person to the child. It is particularly considered to be a threat
which has been caused by an individual to a child which involves sexual exploitation of the
child15.
It has been identified by the Office of the Children’s Commissioner in England that
children who have been living in dysfunctional or chaotic households or that there have
been history of abuse have been more prone to being exploited or abused16. In addition to
15 KEMSHALL H, and MAGUIRE M, 'Public Protection, Partnership And Risk Penality' (2001) 3 Punishment
& Society
16 McCartan K, Hoggett J, and O’Sullivan J, 'Police Officer Attitudes To The Practicalities Of The Sex
Offenders’ Register, Visor And Child Sexual Abuse Disclosure Scheme In England And Wales' (2017) 24

such, it has also been observed that if there have been gang association through the
relatives or the peers or any other intimate relationships or learning disabilities,
homelessness, living in some kind of a gang neighborhood or low self-esteem or low self-
confidence is considered to be inclined towards being sexually exploited among others.
Therefore, these can be arise as issues because the approaches or methods through which
such can be deterred have not been completely established.
Sarah’s law is considered to be the child sexual offender disclosure scheme which is
across England and Wales and this scheme makes it possible for all the individuals to
formally ask the local police force if some other individual has access to a child which can
be the father or an uncle or the workplace where the children might be has any kind of
record regarding the commitment of any child sexual offences17. It has also discussed about
this particular law which is considered to be a good initiative but the enforcement of such
can be considered to be doubtful. In this particular scheme on request, the police would be
able to reveal the details to an individual confidentially if such is considered to be in the
interest of the child in order to do so.
This kind of information is only given to the parents or the carers along with the
guardians. The parents and the public should have the knowledge about the child sexual
offenders in order to protect their children and the CJS should be able to disclose that. The
offenders after completing their sentence should be able to lead their lives but their crime
regarding the offence should be disclosed so that the children are protected from the sexual
offenders18. This is considered to be merely a way in order to reduce the violence but the
applicability of such is not considered to be mandatory as the CJS is supposed to inform
the individuals but the enforcement of such is weak.
Therefore, to conclude, it can be understood that if any individual is being hired by a
parent in order to take care of the child then there needs to be as thorough background
check on the history of the individual and whether such individual had been involved in
crimes relating to child sex offender. Therefore, such would help in better security and
safety for the child. The individual involved in such an offence is considered to be booked
and punished under the Sexual Offences Act 200319. These offenders should be given
rehabilitation which would help them refrain or deter from these crimes. Hence, these
would be considered to create a confusion in the minds of the individuals.
Number of words: 575
Journal of Sexual Aggression
17 'Institute Of Criminal Justice Studies - Portsmouth Research Portal' (Researchportal.port.ac.uk, 2020)
<https://researchportal.port.ac.uk/portal/en/organisations/institute-of-criminal-justice-studies(adb93c7a-6625-
4c6a-9651-8fa9e9cc5171)/publications.html?page=0&pageSize=500> accessed 4 April 2020
18 Wilkinson D and others, 'Protecting Future Children From In-Utero Harm' (2016) 30 Bioethics
19 Sexual Offences Act 2003