Epistemology and Ontology
The research will be based on the paradigm of scientific realism, according to which the only reliable means of achieving knowledge about the world is scientific research, the result of which is interpreted with the help of scientific theories. This approach will explain the causal relationship between ineffectiveness of rehabilitative justice and possible causes of it.
Epistemology in the research is positivism. Crowther-Dowey and Fussey (2013, p.40) claim that ‘in criminology, those holding the view that drivers of criminal behavior can be objectively identified and categorized, often through the application of the methods and principles belonging to the natural sciences’. In terms of ontology, the research …show more content…
Consequently, to articulate a new theory, some variables should be determined. The independent variables in this research is the Prison System (Probation Service) of Ministry of Internal Affairs. The latter is special subdivision of the Ministry of Internal Affairs in Kazakhstan that responsible for applying the procedure of rehabilitative justice in prisons. Given procedures are employed with accordance to Kazakhstan’s laws of rehabilitative justice, in particularly, the code of Criminal …show more content…
In this study, only mature criminals aged 20 and older are of interest.
Kazakhstan launched the rehabilitative reform in 2006. Hence, only records/archives, types of crimes and data of offenders from two periods will be employed: from 1995 until 2005 and 2006 until 2017. This information will identify the types of crimes that are most often re-offended. Additionally, having received this information, there is an opportunity to make valuable comparisons between two periods and reveal the percentage of progress of rehabilitative justice reform.
Additionally, the thesis draws upon legal comments, notes that have been held in criminology, sociology as well as surveys in the field of human rights (Day et al, 2010). The above-mentioned are secondary sources.
The research also will use critical documental evaluations of the rehabilitative justice assessed by the individuals and judges of the courts.