https://www.um.edu.mt/library/oar/handle/123456789/107221 2026-04-23T07:04:39Z https://www.um.edu.mt/library/oar/handle/123456789/108508 Title: The interplay between knowledge, expertise, and intuition in a criminal judicial decision-making process : a perspective from the bench Abstract: This research focuses on the role knowledge, expertise, and intuition play in a criminal judicial decision-making process through the perspective of retired members of the judiciary. This study seeks to explore what members of the judiciary understand by these three constructs and the interplay between them. The relevance of this study is related to the justice system, in particular the judgments delivered by sentencing magistrates and judges. This phenomenological qualitative study adopted a two-pronged data collection method approach: a discourse analysis of 50 randomly selected judgments delivered between 2017 and 2021 and 12 semi-structured interviews. The purpose of the discourse analysis was to identify and seek interpretation in context of the notions explored. The aim of the interviews was to gain a first-hand account of the three constructs and their application in a criminal judicial decision-making process. The findings reveal that the legislator adopted a restrictive approach with regard to knowledge, experience, and skills. It is concluded that the knowledge base and the experience required should be wider than those adopted by the legislator and are to include extra-legal knowledge and experience which goes beyond professional experience. ‘Analytical skill’ is one of the mandatory requirements to be admitted to the bench. The analysis reveals that members of the judiciary should develop and practise more than one cognitive skill. Magistrates and judges are to interpret and apply the laws, following strictly the letter of the law. This research reveals that members of the judiciary were sensitive to intuitions which, unlike laws, are not written and defined. Intuitions could be verified or corroborated by subjecting them to a deliberative process, including by questioning the persons taking the witness stand. This strategy informs and guides both the in genere inquiries conducted by magistrates and the criminal judicial decision-making process. Intuition may guide members of the judiciary to fill in for any evidence which may not be stated purposely or inadvertently. It is recommended that the minimum number of years of legal practice required to be admitted to the bench be revised upwards. It is recommended also that training programmes in skills development, including the interpretation of human behaviour and non-verbal cues, be introduced. This study concludes that the criminal judicial decision-making and the judgments are enhanced by the introduction of sentencing guidelines with the objective to increase consistency and reduce biases which may arise out of previous knowledge, experience, and intuitions Description: M.A. (Crim.)(Melit.) 2022-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/108504 Title: Identity theft is a silent crime, while remote gaming is its silent power Abstract: This research explored whether the Maltese remote gaming industry constitutes an ideal targeting platform for identity theft. Silence marks the phenomenon of identity theft as it enables perpetrators to discreetly commit such a crime. Silence also pervades the victimisation of individuals or organisations as, oftentimes, victims of identity theft are unaware that they have been victimised, and discover this occurrence long after they have been victimised. In an attempt to examine and explore identity theft in relation to remote gaming, while raising public awareness of such matter, a qualitative approach was adopted, incorporating the use of open-source research. Data was collected through one-to-one semi-structured interviews with a pool of multiple stakeholders in the field, including key professionals with experience in the fields of iGaming, financial services, cyber security, law enforcement, and others. The study concluded that identity thieves do in fact target the remote gaming industry due to the amount of money generated through the sector. However, despite the plethora of identity theft cases, the Maltese remote gaming industry is in the medium risk category as it is generally not directly targeted. The findings point towards the need for a more comprehensive understanding of the phenomenon through more awareness and ongoing training, both internally (within organisations) and externally (the general public). This study aimed to provide a contribution towards a mutually beneficial improvement in internal training given to the private and public sector on identity theft within remote gaming. The importance of a proactive approach, rather than a reactive one, is key. In order to effectively and efficiently safeguard players, operators, and regulators from such crimes both locally and internationally, apart from an official delineation of the crime of identity theft, legislative reform is necessary to address the existing gaps in cybersecurity legislation. Moreover, a stronger level of cooperation between Maltese and international entities ought to be nurtured and maintained. Description: M.A. (Crim.)(Melit.) 2022-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/108503 Title: The role of psycho-social teams in deterring juvenile delinquency within secondary schools in Malta Abstract: Adolescence is a very influential time in an individual’s life, where various elements could influence one’s life course and attitudes towards crime and delinquency. This places schools at an advantage in terms of student outreach and in implementing preventative strategies to deter juvenile delinquency. This qualitative research investigated the role of six professionals, working within government-run secondary school psycho-social teams, in deterring juvenile delinquency. Data was gathered through semi-structured, audio recorded, virtual interviews which were then transcribed and coded by means of thematic analysis. Five main themes, with their respective subthemes, emerged from this analysis, exploring areas such as school outreach, professional intervention and local resources in relation to the deterrence of juvenile delinquency, among others. Association with deviant peers, poverty and coming from a broken home were all commonly observed risk factors which students presented with during psycho-social intervention which might indicate an inclination to engage in delinquent behaviour. This research provided insight on the psycho-social team’s role in crime prevention within schools and what current state-implemented strategies for crime prevention within schools exist. Strong professional relationships between the students and the psychosocial professionals and teachers have been identified as an important factor influencing a juvenile’s attitudes towards criminal engagement. Peer relationships and family relationships have also been identified as holding the same importance. Findings from this research also showed what other crime deterrent and crime preventative resources are needed locally, both at a community level and within schools. Description: M.A. (Crim.)(Melit.) 2022-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/108502 Title: The lived experience of juvenile offenders within the criminal justice system Abstract: This study examined how offenders presently serving a court sentence in the community described and reflected on their past experience as minors in contact with the criminal justice system, from arrest to adjudication and post-adjudication. This study also examined the impact that this system may potentially have on the participants’ identity, criminalisation, and criminal career pathways - from onset to maintenance, escalation and desistance/re-offending. This study adopted a qualitative research approach utilising Interpretative Phenomenological Analysis (IPA) to analyse the in-depth narratives obtained. A total of six participants (four males and two females, all over 18 years, with a history of juvenile offending and serving a current community-based sanction either a probation order, a combination order, a treatment order, or parole) were recruited from the Department of Probation and Parole, and data was collected through semi-structured interviews. This study suggests that arrest, court conviction and sentence to incarceration can have adverse consequences on young offenders limiting their prospects towards finding employment, suitable peers and establishing significant relationships. This implies that the response of the criminal justice system could have stigmatising effects on young offenders impacting their persistence or desistance from crime. The risk factors that contributed to their criminal involvement consisted of adverse childhood conditions; the response of the criminal justice system; stigmatisation; trust and mistrust; escalation in the criminal career, drugs and substance abuse; and maturation and desistance. Then, the protective factors identified for desistance, were positive relationships and work, point towards less punitive and stigmatising forms of punishment for juvenile delinquency. Description: M.A. (Crim.)(Melit.) 2022-01-01T00:00:00Z