Journal articles on the topic 'Criminal defendant'
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1
., Herman, Fajar Ari Sudewo, and Sanusi . "Advocacy Problems In Virtual Criminal Trials." Journal of Legal Subjects, no. 21 (January 22, 2022): 1–10. http://dx.doi.org/10.55529/jls21.1.10.
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The Coronavirus Disease (Covid-19) pandemic has caused criminal case trials to be held virtually. There are objections from advocates regarding the virtual trial of criminal cases. Advocates also question the guarantee of the fulfillment of the right to a fair trial. The purpose of this study was to determine and examine the implementation of advocacy for defendants by advocates in virtual criminal case trials and the obstacles faced about the implementation of advocacy for defendants by advocates in virtual criminal case trials. The approach used in this research is the legal approach. This research data collection technique was carried out through conventional and online literature searches. The data analysis technique used in this study is qualitative because the data is presented in a narrative-descriptive manner. The results showed that the advocate for the defendant was intended to provide legal assistance, confront and provide instructions to the defendant regarding the steps and efforts that must be taken while in front of the trial, and assist the defendant in acting. This of course will be difficult to obtain if the advocate cannot accompany the defendant directly during the virtual trial. In the end, the fulfillment of the defendant's rights in examining cases in court will be neglected. The obstacles faced by advocates in assisting defendants during online criminal case trials are the limited courtroom that has a teleconference device, unstable internet network that can even be disconnected, unclear timing of the trial, limited communication and coordination between the defendant and the advocate due to the defendant being in the office. correctional institutions or state detention centers, access to assistance by advocates for defendants also cannot be as flexible as a direct trial before a court, this will certainly affect the overall evidentiary process.
2
Lowrey-Kinberg, Belén, Samantha L. Senn, Katherine Dunn, Jon B. Gould, and Katie Hail-Jares. "Origin of Implication: How Do Innocent Individuals Enter the Criminal Justice System?" Crime & Delinquency 65, no. 14 (September 11, 2018): 1949–75. http://dx.doi.org/10.1177/0011128718793618.
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Drawing from the investigative policing literature, we develop a typology for how innocent defendants become suspects in criminal investigations. We use the Preventing Wrongful Convictions Project (PWCP) dataset and multivariate modeling to examine the case and defendant characteristics that predict how an innocent defendant became a suspect. We found that investigators identify suspects in eight primary ways. The most common in the PWCP dataset were victim/eyewitness identification, citizen identification, and intentional misidentification. Defendant’s race, age, criminal history, relationship to the victim, cognitive/mental status, and whether the victim survived were strongly associated with an innocent defendant’s origin of implication. These results illuminate how tunnel vision begins in cases with innocent defendants, and how police practices may prevent innocent individuals from becoming suspects.
3
Min, soo young. "Qualification as impeachment evidence of protocol concerning interrogation of a criminal suspect, prepared by a prosecutor." Institute for Legal Studies Chonnam National University 42, no. 4 (November 30, 2022): 113–42. http://dx.doi.org/10.38133/cnulawreview.2022.42.4.113.
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Article 312 of the criminal procedure Act has been amended. Now the protocol concerning interrogation of a criminal suspect, prepared by a prosecutor is admissible as evidence only when the defendant agrees the contents of his own statement are truthful. However, even if the evidence is not admissible as evidence by the hearsay evidence rule, it can be used for impeachment. In this respect, this study examined whether the suspect-interrogation protocol by prosecutor, which is inadmissible by the hearsay rlue could be used as evidence of impeachment against the defendant's statement. It is stipulated in Article 318-2 of the Criminal Procedure Act that ‘A document or statement otherwise inadmissible as evidence under Articles 312 through 316, shall be admissible, if it is produced to challenge the admissibility of a statement of a criminal defendant or a person other than the criminal defendant at a preparatory hearing or a trial’. According to this, protocol concerning interrogation of a criminal suspect, prepared by prosecutor which is inadmissible by the article 312(1), can be used for impeachment. Also as stipulated in Article 318-2 of the Criminal Procedure Act, not only the witness’s but also the defendant’s statement can be impeached. It may cause some issues about the defendant’s right to remain silent, but the debate over whether the defendant's statement can be impeached or not takes place from a completely different perspective. The defendant has a constitutional right to refuse to state. So, he can be silent. But also he can and should be asked about the statement he did in the courtroom. Impeaching the defedant's statement is helpful for fact-finders to find fact, and it is the way to go the principle of court-oriented procedure.
4
Rohman, Syaifur. "Legal Liability Analysis for Defendants with Mental Disabilities." Ratio Legis Journal 1, no. 1 (June 12, 2022): 9. http://dx.doi.org/10.30659/rlj.1.1.9-15.
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This study aims to identify and analyze legal liability for criminals with mental disorders in the Wonosobo District Court Decision. The results showed that the perpetrators with mental disorders were proven legally and convincingly to commit the crime of sexual harassment, but because of the limited evidence and the role of psychiatrists, the judicial process became ambiguous and the judicial decision stated that the defendant's behavior did not meet the elements of responsibility, so that according to science criminal law the defendant cannot be held responsible for some. However, the attorney and the victim stated that the defendant has the ability to be held criminally responsible because Article 44 of the Criminal Code does not regulate the state of being unable to be partially responsible.
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Zainudin Hasan, Nyimas Maharani Putri Pertiwi. "PERTIMBANGAN HAKIM DALAM MENGABULKAN JUSTICE COLLABORATOR TERHADAP TERDAKWA YANG MELAKUKAN TINDAK PIDANA KORUPSI." Muhammadiyah Law Review 6, no. 1 (January 3, 2022): 47. http://dx.doi.org/10.24127/lr.v6i1.1846.
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The perpetrators of these criminal acts of corruption tried to cover up their crimes by all means and even made scenarios so that their crimes were difficult to identify by investigators and the prosecutor's office as the body authorized to conduct investigations in cases of corruption. Because the perpetrators of these crimes are difficult to identify, it is very effective if law enforcers invite the defendants of the corruption crime to reveal who are the other defendants and the mastermind behind the corruption and become a Justice Collaborator. The problem in the study is how the procedure for the defendant who commits a criminal act of corruption to apply as a justice collaborator, how the defendant returns state losses due to corruption committed by the defendant and how the judge's consideration in granting the application for justice collaborator against the accused of corruption. The research method used in this study is a normative juridical approach, namely an approach through library research, comparative studies and document studies by reading, quoting, and examining the rules or regulations related to the problem to be discussed and the empirical approach, namely collecting data. based on the results of direct interviews with resource persons who will relate to the problems that exist in this research. The results of the study show how the defendant who commits a criminal act of corruption to apply as a justice collaborator. The defendant can apply as a justice collaborator if the defendant is not the main actor in the case. The judge's consideration in granting the defendant's justice collaborator application, the judge considered several aspects including the defendant being able to cooperate cooperatively and in good faith during the trial, not covering up and witness testimony in line with what was explained by the defendant.
6
Spencer, John R. "The Problems of Trans-border Evidence and European Initiatives to Resolve Them." Cambridge Yearbook of European Legal Studies 9 (2007): 465–80. http://dx.doi.org/10.5235/152888712802746902.
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When a criminal case with trans-border ramifications is to be prosecuted within a given state, the following three problems typically arise: —bringing the defendant, currently abroad, to that state, to enable the case against him to be tried;—obtaining relevant evidence from other jurisdictions;—persuading the courts of the state where the defendant is to be tried that they can use it.The first of these problems is in principle the most important. Unless a legal system is prepared (as some were in the past) to try defendants in absentia and then punish them in effigy, the defendant’s physical presence within the jurisdiction of the court is usually required in order to bring the mechanism of the criminal law to bear upon him.
7
Spencer, John R. "The Problems of Trans-border Evidence and European Initiatives to Resolve Them." Cambridge Yearbook of European Legal Studies 9 (2007): 465–80. http://dx.doi.org/10.1017/s1528887000002895.
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When a criminal case with trans-border ramifications is to be prosecuted within a given state, the following three problems typically arise: — bringing the defendant, currently abroad, to that state, to enable the case against him to be tried; — obtaining relevant evidence from other jurisdictions; — persuading the courts of the state where the defendant is to be tried that they can use it. The first of these problems is in principle the most important. Unless a legal system is prepared (as some were in the past) to try defendants in absentia and then punish them in effigy, the defendant’s physical presence within the jurisdiction of the court is usually required in order to bring the mechanism of the criminal law to bear upon him.
8
Miller, Robert D., and Edward J. Germain. "The Specificity of Evaluations of Competency to Proceed." Journal of Psychiatry & Law 14, no. 3-4 (September 1986): 333–47. http://dx.doi.org/10.1177/0093185386014003-403.
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The legal system's expectation of forensic experts evaluating criminal defendants for competency to proceed to trial is that their reports will offer global and conclusive opinions on whether defendants are competent. Competency evaluations involve estimates of defendants’ capacities to do a variety of acts, and the evaluator is seldom in a position to anticipate which of those acts a defendant will actually be required to perform. The authors argue that, except in cases in which the defendant is so impaired that he could not be expected to perform any of the required acts, a competency report should not offer global opinions on competency, but rather address the defendant's apparent capacity to perform each of the acts which he might be called upon to perform.
9
Ridwan, Alan. "ANALYSIS OF CRIMINAL RESPONSIBILITY OF CRIMINAL ACTIVITIES OF THE EIGHTS AND EXTENSION OF CAR (Study of Decision Number 839/Pid.B/2018/PN.Tjk Year 2018)." Progressive Law Review 1, no. 01 (November 11, 2019): 59–67. http://dx.doi.org/10.36448/plr.v1i01.3.
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One of the crimes concerning the misuse of car vehicles is the crime of embezzling cars as the crime is rampant in Indonesia, one of which is in case Number 839/Pid.B/2018/PN.Tjk in 2018. The problem in research is why the perpetrators commit criminal acts embezzlement and imposition of cars based on Decision Number 839/Pid.B/2018/PN.Tjk and how the criminal responsibility of the perpetrators of criminal acts of embezzlement and detention of cars is based on Decision Number 839/Pid.B/2018/PN.Tjk. The research method uses a normative and empirical juridical approach, the normative juridical approach is carried out by studying legal norms or rules, legal principles, while the empirical approach is carried out by direct interviews with informants who will relate to research problems, data analysis used is qualitative analysis. The results of the study indicate that the factors causing the perpetrators to commit criminal acts of embezzlement and car detention are based on Decision Number 839/Pid.B/2018/PN.Tjk opportunity factors and economic needs factors. This factor is due to the defendant's desperate need for a certain amount of money at a fast time so that the defendant made a shortcut by making embezzlement and overcoming the car. The criminal liability of the defendant who commits a crime of manipulating and imposing a car based on Case Number 839/Pid.B/2018/PN.Tjk Year 2018 is that the sentence of imprisonment for 8 (eight) months is reduced as long as the defendant is temporarily detained. detained. Suggestions, for the Judges in carrying out the consideration prioritize a sense of justice for victims, defendants and the public. In addition, judges should carefully pay attention to matters that can alleviate or incriminate defendants other than judges who have also been given the freedom to make decisions in order to enforce law and justice so that judges do not have to depend on public prosecutors' demands in determining crimes for defendants. To the Public Prosecutor in applying the criminal or in giving a claim to the defendant must be appropriate or in accordance with the actions of the defendant because this is the judge's reference in making his decision. In addition, the Public Prosecutor should also have material legal knowledge so that there are no more errors or nonconformities in applying the crime against the accused.
10
Gordon, Robert H., and Georgia Bauer. "Social Class Bias of Practicing Attorneys." Psychological Reports 57, no. 3 (December 1985): 931–35. http://dx.doi.org/10.2466/pr0.1985.57.3.931.
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This study investigated the influence of a criminal defendant's social class on private practicing attorneys' evaluations of an interview between a criminal defendant and his attorney. 50 practicing attorneys, as volunteer subjects, rated an artificially constructed transcript of an interview relating to the defendant's arrest. Ratings were based on 10 Likert-type scales measuring personality variables and legal sophistication of the defendant. One-half of the subjects rated the transcript with a lower-class social history appended; the other half rated the same transcript with a middle-class social history appended. The evaluations of the defendant were not influenced by the defendant's social class.
11
Suari, Ni Made Elly Pradnya, I. Made Minggu Widyantara, and Ni Made Sukaryati Karma. "Kedudukan dan Perlindungan Saksi Mahkota dalam Tindak Pidana Pencurian dengan Kekerasan (Studi Kasus Pengadilan Negeri Denpasar)." Jurnal Interpretasi Hukum 1, no. 1 (August 20, 2020): 210–15. http://dx.doi.org/10.22225/juinhum.1.1.2213.210-215.
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The presence of witnesses in the evidence is the keyword in disclosing the facts of criminal cases. The crown witness is often present at court. However, there are many differences of opinion in the Jurisprudence regarding the use of crown witnesses in court because there is no legal regulation that explicitly regulates the use of crown witnesses in criminal justice. Based on these problems, this study described how the protection of the rights of defendants as crown witnesses in criminal acts of theft with violence and how the position of crown witnesses in criminal acts of theft with violence. This research was designed using a normative legal research method and a conceptual approach. In the Criminal Procedure Code, there is no prohibition for a defendant to provide information for other defendants as far as using a splitsing system so that defendants who are crown witnesses still receive legal protection. The decision of the Supreme Court Number 1942 K / PID / 2012 which in its verification process used a crown witness. In this case, the public prosecutor presented the crown witness due to the lack of evidence especially witness testimony evidence. The role of the crown witness is very important to uncover criminal events because the defendant knows, sees, and commits criminal theft with violence. The result of this study showed that the protection of the rights of the defendant as a crown witness is equated with the rights of the defendant in general, which is regulated in Article 50 to Article 68 of the Criminal Procedure Code and witness rights set out in Article 5 of Law Number 31 of 2014. The position of the crown witness is justified in proof-based on the Circular Attorney General's Office of the Republic of Indonesia Number B-69 / E / 02/1997 of 1997 concerning Proof Law in Criminal Cases.
12
Nugraha, Devan Lismatika. "Children's Liability in Traffic Criminal Actions (Case Study Decision Number: 273 / Pid.Sus / 2019 / PN Gsk)." UMPurwokerto Law Review 2, no. 1 (March 5, 2021): 62. http://dx.doi.org/10.30595/umplr.v2i1.9545.
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This study aims to analyze the court decision number: 273 / Pid.Sus / 2019 / PN Gsk. The method used is normative legal research. The data used is secondary data, including books, scientific journals, research results, and laws and regulations. The data obtained were then analyzed normatively qualitatively. The results of this verdict indicate that first, the defendant M Nastain Bin Kariyanto was proven legally and proven to have committed a criminal act of "Driving a motor vehicle because his negligence resulted in a traffic accident which resulted in another person's death. The defendant's responsibilities are as follows; the defendant is candid, confesses and regrets his actions, the defendant has apologized and made peace with the victim's family, the defendant is polite during the trial, the defendant is not complicated in giving testimony, the defendant admits that he has never acted before, The defendant provided compensation in the amount of Rp. 5,000,000.00 plus motorcycle repair money, because the defendant was able to take responsibility, the defendant had to be declared and therefore sentenced to punishment under what was applicable. Second, the defendant was found guilty and sentenced to criminal law, so based on Article 222 of Law Number 8 of 1981 concerning the Criminal Procedure Code (KUHAP), Article 310 Paragraph (4) of Law of the Republic of Indonesia Number 22 of 2009 concerning Traffic and Road Transport.Keywords: Children; Accountability; Criminal act
13
Florensia, Heppi, and Mety Rahmawati. "PEMIDANAAN TERHADAP PERBUATAN MENGHILANGKAN MAYAT YANG DILAKUKAN ANAK (STUDI TERHADAP PUTUSAN MAHKAMAH AGUNG NO. 774K / PID.SUS / 2015)." Jurnal Hukum Adigama 1, no. 1 (July 19, 2018): 636. http://dx.doi.org/10.24912/adigama.v1i1.2160.
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Criminalization of the offender especially in the perpetrators of children under age is as a sanction that tells implied to someone who performs acts meet certain conditions. Often in prosecuting a criminal case the Public Prosecutor is wrong in deciding what articles should be imposed on the perpetrator. As one case of Supreme Court verdict No.774K/PID.SUS/2015 with 16-year-old defendant Dicky Pranata prosecuted by the Prosecutor with Article 340 of the Penal Code juncto Article 56 of the Criminal Code is a criminal act of premeditated murder, in which the elements of Article 340 of the Criminal Code are not fulfilled the defendant's self but the existence of other crimes Article 181 of the Criminal Code of disappearance committed by the defendant. The defendant was sentenced to 10 years in prison at the District Court, while the defendant was released from the sentence of the Court of Appeal and Cassation. The problem in this research is whether the act of the perpetrator fulfills the elements in Article 340 juncto Article 56 paragraph (1) of the Criminal Code juncto Article 1 paragraph (3) SPPA Act and Article 181 of the Criminal Code? How to base criminal offenses in the Supreme Court ruling case No.774K/PID.SUS/2015? The researcher examines the problem with normative juridical method. Based on the analysis result that the defendant is not proven to commit element of crime Article 340 KUHP, but the existence of criminal act Article 181 of Criminal Code which has been done by defendant.
14
Owusu-Bempah, Abenaa. "Understanding the barriers to defendant participation in criminal proceedings in England and Wales." Legal Studies 40, no. 4 (August 3, 2020): 609–29. http://dx.doi.org/10.1017/lst.2020.25.
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AbstractOver the past two decades, there have been significant legal developments aimed at securing and enhancing the participation of vulnerable witnesses in criminal trials. Yet, there remains relatively little regard for the fact that many defendants, including those who are not deemed to be vulnerable, are unable to participate in criminal proceedings in a meaningful sense. This paper aims to address two questions. First, why should defendants have participatory rights and be capable of meaningful participation in criminal proceedings? Second, why has it proven so difficult to attain meaningful participation of defendants? It is contended that barriers to meaningful communication between the defendant and the court could be dismantled without great difficulty, but continue to exist because due regard is not given to the normative rationales for participatory rights and defendant participation.
15
Gimson, Rachel. "The mutable defendant: from penitent to rights-bearing and beyond." Legal Studies 40, no. 1 (October 28, 2019): 113–30. http://dx.doi.org/10.1017/lst.2019.20.
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AbstractContemporary criminal justice is premised on a rights-bearing defendant safe-guarded by due process from arbitrary state punishment. The paucity of academic commentary on the role of the criminal defendant suggests that there is a common assumption that the role is static. However, the rights-bearing defendant is a relatively new concept. Through a legal history analysis, this paper demonstrates that the defendant's role can mutate in response to pressures placed on the criminal trial. Broadly, there have been three conceptualisations of the defendant: the penitent Anglo-Norman defendant; the advocate defendant of the jury trial; and the rights-bearing adversarial defendant. Importantly, the shift from one conceptualisation to another has occurred gradually, often without commentary or conscious effort to instigate change. There are many contemporary pressures that could be impacting on the rights-bearing defendant. The concept of a mutable defendant provides a new theory through which to analyse these pressures. This paper considers the introduction of adverse inferences regarding the right to silence and disclosure, and the rise of ‘digilantism’. These new pressures, it is suggested, help to facilitate a rhetoric of deservingness that goes against the rights-bearing defendant and raises the risk its role could once again be mutating.
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Rakaj, Adelina. "The Protection of the Rights of the Defendant by the Constitutional Court-The Kosovo Case." Nagari Law Review 3, no. 2 (April 28, 2020): 1. http://dx.doi.org/10.25077/nalrev.v.3.i.2.p.1-13.2020.
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The aim of this case study is to analyze the protection of the rights of the defendant in criminal proceedings and the implementation of international standards on the rights of the defendant in criminal proceedings in the domestic law of the Republic of Kosovo. This paper will focus on the role of the Constitutional Court of Kosovo in protecting the rights of the defendant during a criminal process, based on specific cases decided by the Constitutional Court of the Republic of Kosovo. For more than ten years since the Declaration of its Independence, Kosovo has established a legal system, which provides effective protection for the rights of a defendant. A significant role in this regard was played by the fact that Kosovo directly applies the jurisprudence of the International Court on Human Rights (ECtHR), as a constitutional obligation. Out of all institutions of the legal system in Kosovo, which are obliged to protect the rights of defendants, a determinant role was played by the Constitutional Court in such regards, therefore, this paper presents arguments how the Constitutional Court of Kosovo has become a guardian for protection of the rights of defendants, in compliance with the Jurisprudence of the ECtHR
17
Fairclough, Samantha. "‘It doesn’t happen … and I’ve never thought it was necessary for it to happen’." International Journal of Evidence & Proof 21, no. 3 (October 18, 2016): 209–29. http://dx.doi.org/10.1177/1365712716658892.
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Witnesses and defendants are able to give evidence by live link provided that they meet the vulnerability criteria set out in the Youth Justice and Criminal Evidence Act (1999). The vulnerability criteria include, in brief, the defendant or witness being young and/or suffering from a physical, mental or learning disability. Findings from interviews undertaken with 18 criminal practitioners indicate that, even when a defendant is sufficiently vulnerable to qualify for the use of live link, the provision is rarely invoked. Drawing on this data, this article identifies a series of barriers which contribute heavily to the inaccessibility of the live link provision to vulnerable defendants giving evidence in their trials.
18
Mann, Kenneth. "Miscarriage of Justice and the Right to Representation." Israel Law Review 31, no. 1-3 (1997): 612–44. http://dx.doi.org/10.1017/s0021223700015429.
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In modern criminal procedure it is generally held that reliability of results and basic fairness in criminal trials require that a defendant have legal counsel. Prevention of miscarriage of justice is tied closely, in the minds of policy makers and judges, with vigorous representation by competent counsel. As against these presuppositions how should one understand a modern system of criminal procedure, such as that in Israel, that does not have a broad right of representation for suspects or defendants in criminal cases?It is by now axiomatic in England and the United States that nearly all defendants in criminal cases have a right to representation. This right encompasses not just the opportunity to bring one's privately retained counsel to court, but also an irrebuttable claim by indigents to have the counsel's bill paid by the state or other public entity. The right to counsel is a broad right, entailing a principle of equality in which representation by counsel is independent of the defendant's ability to pay. In Israel, in contrast, the right to representation in criminal cases is significantly narrower.
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Ward, Jeffrey T., and Nathan W. Link. "Financial Sanctions in Pennsylvania." Federal Sentencing Reporter 34, no. 2-3 (February 1, 2022): 166–72. http://dx.doi.org/10.1525/fsr.2022.34.2-3.166.
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While potential adverse consequences of carrying criminal justice debt are well documented, less is known empirically about the degree to which both assessed amounts reflect ability to pay and how repayment success varies for individuals with dissimilar financial means. This study uses fine, cost, and restitution imposition and collection data from the Administrative Office of the Pennsylvania Courts (AOPC) that spans a ten year period to examine whether there are differences in assessment and outstanding debt balances between defendants with private counsel and defendants with public defenders. To address the research aims, this study utilizes straightforward descriptive and bivariate statistics. Results indicate that a typical defendant with a public defender is assessed less in fine, cost, and/or restitution than a typical defendant with private counsel, suggesting that some courts are factoring in a defendant’s ability to pay when imposing assessments. Nonetheless, a typical defendant represented by a public defender is unable to fully repay their assessment within a decade. This is in stark contrast to a typical defendant with private counsel who is able to settle up within three to five years, depending on the type of sanction. The findings suggest that sentencing stage adjustments in financial sanctions necessitated by a defendant’s ability to pay may not be sufficient. Furthermore, the general rise in assessment amounts over time is largely due to increased costs. Given general difficulties in debt settlement, especially among indigent defendants, enhanced reliance on costs may unintentionally affect restitution amounts received by crime victims.
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Weisberg, Robert. "The Impropriety of Plea Agreements: An “Anthropological” View." Law & Social Inquiry 19, no. 01 (1994): 145–48. http://dx.doi.org/10.1111/j.1747-4469.1994.tb00394.x.
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David Lynch nicely captures what John Langbein has denounced as the “torture” of plea bargaining. Langbein's wickedly suggestive essay traced modem criminal trial practice back to medieval criminal systems in which the body of the defendant became the victim in a social sacrifice. The modern analog, for Langbein, is that the Warren Court due process revolution “guaranteed” defendants a wide variety of procedural rights that society simply cannot afford (or, Lynch would say, refuses to afford) them. The result is the outrageously generous offer the state makes to the defendants. Put somewhat differently, this sort of “incentive system” plays mind games with the much-touted principle of autonomy built into the due process/waiver model. If trials establish an automatic “risk-preferring” principle on defendants, plea bargaining tempts them with a risk-averse alternative they might well wish they had never been offered. It is both more choice and less freedom. Plea bargaining forces a “normatively thinking” defendant into the world described by Judge Easterbrook in a parallel wickedly suggestive essay, in which he portrays bargaining as the cost system for rendering into usable averages all the predictive doubts we may have about the defendant's chances of winning on both substantive and procedural grounds.
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Kim, Youn Shin, and Jin Yu. "Analysis of Criminal Responsibility in Perpetrators with Mental Disorder." Korean Journal of Legal Medicine 46, no. 2 (May 31, 2022): 27–40. http://dx.doi.org/10.7580/kjlm.2022.46.2.27.
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Crimes committed by the mentally ill may give rise to critical conflicts on whether the criminals should receive punishment or treatment. Therefore, our criminal code has a legal provision for mental handicap and criminal responsibility, which can reduce or exempt the criminal penalty. This process requires a psychiatric evaluation of the defendants as well as normative decisions by judges. The psychiatric evaluation and diagnosis precede the court judgement, and are used by the court to judge the mental handicap of the defendant at the time of the crime. However, judgments on the criminal responsibility of a defendant with mental disorder are very complex and challenging because of time gaps and difficulties faced in the evaluation of human mental ability. We analyzed court rulings in 19 cases where the defendants claimed to be mentally handicapped. The analysis results showed that the mental handicap was recognized in nine cases, rejected in four cases, and not mentioned by the court in six cases. Further, psychiatric evaluation was not performed in three cases. Apart from the result of the evaluation, the judges seem to consider other factors for sentencing, like recidivism risk, premeditation of crimes, and their brutality. These results suggest that the rationale and procedure of court rulings involving mentally handicapped persons may be debatable. We argue that psychiatric evaluations should be made indispensable in judicial procedures for cases involving mentally handicapped persons, and judges should clearly indicate their decision on mental handicap or criminal responsibility in the sentencing.
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Tota, Naim, and Klodjan Skenderaj. "Judgment (Trial) in Absentia According to the Code of Criminal Procedure of the Republic of Albania." Mediterranean Journal of Social Sciences 12, no. 4 (July 8, 2021): 144. http://dx.doi.org/10.36941/mjss-2021-0035.
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The judgment in absentia of the defendant is included in the institutes provided in the Code of Criminal Procedure, where in many cases many problems have been encountered in our case law. The judgment in absentia must, on the one hand, guarantee the respect of the fundamental rights of the defendant and, on the other hand, guarantee the public interest in the administration of justice, through the regular exercise of judicial functions. In the Albanian legislation these conflicts of interest have been resolved by the legislator by accepting and becoming part of the Code of Criminal Procedure of 1995 as well as with the amendaments made in 2017, namely, the conduct of the trial in the absence of the defendant. However, this Code also guarantees the defendant the opportunity to review the matter, in cases where he becomes aware of the decision rendered in absentia. The guarantee placed by the legislator in the code of criminal procedure has come precisely because of the practice of the ECHR but also a series of decisions of the Constitutional Court of Albania, which stated that in cases of judgments rendered in absentia, defendants have the right to have their case reviewed. This paper will analyze exactly the provisions of the Albanian criminal procedural law on the conduct of the judgment in absentia, the cases of suspension of the trial for the defendants who do not know effectively about the trial. Received: 2 May 2021 / Accepted: 15 June 2021 / Published: 8 July 2021
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Furqon, Al. "YURIDIS TERHADAP TINDAK PIDANA PENGANCAMAN YANG DILAKUKAN SECARA BERSAMA-SAMA." Jurnal Hukum Volkgeist 2, no. 2 (April 14, 2018): 119–34. http://dx.doi.org/10.35326/volkgeist.v2i2.107.
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This research was carried out at the Makassar District Court in Makassar, with research methods using data collection techniques by means of research library and field research. The results of this research indicate that all the elements of a criminal offence committed by the pengancaman the second defendant had sesuasi with the elements contained in article 335 of the PENAL CODE with Article 55 paragraph (1) of the CRIMINAL CODE. This is apparent from satisfy all the elements in accordance with the article didakwakan on the defendant. Article didakwakan, namely Article 335 paragraph (1) of the CRIMINAL CODE. With satisfy the elements and look at the application of the criminal law against the crime pengancaman, then the defendant must account for his actions in accordance with the ruling of the District Court Judges deposed by the Makassar imprisonment of three (3) months and pay the fees. In deciding the matter State Court judge Makassar has pretty much consideration, starting from the demands of the public prosecutor, the accused, description of witnesses, as well as satisfy the elements pursuant to article didakwakan, as well as the things that are incriminating and relieve. So defendants are convicted with imprisonment for 3 (three) months and pay the fees, not fully contain the benefit law. Considering the act committed by the two defendants, then according to the author, the criminal who dropped by the Tribunal of judges rated very lightly.
24
Lippke, Richard L. "CRIMINAL RECORD, CHARACTER EVIDENCE, AND THE CRIMINAL TRIAL." Legal Theory 14, no. 3 (September 2008): 167–91. http://dx.doi.org/10.1017/s1352325208080099.
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The question addressed here is whether evidence concerning defendants' past criminal records should be introduced at their trials because such evidence reveals their character and thus reveals whether they are the kinds of persons likely to have committed the crimes with which they are currently charged. I strongly caution against the introduction of such evidence for a number of reasons. First, the link between defendants' past criminal records and claims about their standing dispositions to think and act is tenuous, at best. Second, noncharacter, or trace, evidence should have primacy in determining the guilt or innocence of defendants. Third, character evidence will vary in its freshness and specificity. Other things being equal, only relatively fresh and specific character evidence has probative value. Moreover, such evidence will have greater probative value in criminal cases where the issue before the court is whether a crime has been committed than in cases where the issue is whether it was the defendant who committed the crime. Finally, we might be more sanguine about the introduction of fresh and specific character evidence under conditions likely to work against its misuse or misinterpretation. However, the relevant conditions may not often be satisfied in the real world of criminal trials and defendants.
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Norma, Tria Dara, and Intan Nurina Seftiniara. "CONSIDERATION OF THE JUDGES AGAINST CRIMINAL CORRUPTION PERPETRATORS GRATIFICATION IN THE PROCESS OF AUCTION PROCUREMENT OF GOODS/SERVICES IN THE GOVERNMENT REGENCY OF PESAWARAN." Progressive Law Review 2, no. 01 (April 22, 2020): 66–76. http://dx.doi.org/10.36448/plr.v2i01.29.
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Corruption impacts the state's financial losses and inhibits national development. As a result of the corruption crimes that occur so far in addition to the financial harm of the country or the country's economy, it also inhibits the growth and continuity of national development that demands high efficiency. The research methods used in this paper are juridical normative, and empirical approaches. The data used is secondary data and primary data. Data analysis using qualitative analysis of juridical. The judges were corrupt that the granting of criminal sanctions against gratuities had to be more severe because the defendant's actions were a form of error to be taken into account, no justification or excuse that eliminated criminal liability for the defendant. The judge must provide a fair criminal verdict for the defendant meaning that it is intended to provide a deterrent impact on the perpetrator of the crime, so as not to repeat the occurrence of the same crimes and expected for law enforcement officials especially judges in the sanction of defendants, judges can explore the legal values contained within the community. It is intended to create a sense of fairness towards society. It is expected that governments and academics and legal practitioners conduct periodic discussions/seminars to discuss attempts to address corruption.
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Crowley, Ellen M. "In Camera Inspections of Privileged Records in Sexual Assault Trials: Balancing Defendants' Rights and State Interests Under Massachusetts's Bishop Test." American Journal of Law & Medicine 21, no. 1 (1995): 131–64. http://dx.doi.org/10.1017/s0098858800010236.
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A sexual assault trial requires a court to balance evidentiary privileges enacted by a state legislature against a criminal defendant's constitutional trial rights. State legislatures enact various privileges which either limit or prohibit the discovery of confidential communications in criminal trials. Such statutes reflect a firmly based legislative effort to protect citizens’ private and personal confidences from unwarranted public scrutiny. When a defendant charged with sexual assault seeks to compel discovery of the victim's privileged medical, psychiatric, or counseling records, a conflict inevitably arises. States and victims assert that courts must respect statutory assurances of confidentiality; defendants assert that their constitutional right to a fair trial and their right to confront the witnesses and evidence against them mandates disclosure. Resolution of this pressing conflict requires a careful balancing of both the state's and defendant's interests on a case by case basis.
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Dumas, Rafaële, and Benoît Testé. "The Influence of Criminal Facial Stereotypes on Juridic Judgments." Swiss Journal of Psychology 65, no. 4 (December 2006): 237–44. http://dx.doi.org/10.1024/1421-0185.65.4.237.
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In order to further research into the influence of facial stereotypes on juridic judgments, we investigated the influence of face/offence congruency on such judgments, taking into account the strength of the case against the defendant and the maturity and attractiveness attributes of the defendant’s face. Each participant (N = 169) read a fictitious case file that: (1) established the defendant’s guilt with either a high degree of ambiguity or with a low degree of ambiguity; (2) included a photo of the defendant that was congruent with the offence or not congruent with the offence. Participants were asked to evaluate the defendant’s guilt (in a dichotomous manner and on a continuous scale), to state their degree of confidence in their decision, to recommend a sentence, and to rate the attractiveness and maturity of the defendant’s face. The results show that participants’ judgments were affected by face/offence congruency and that this influence was not dependent on the ambiguity of the case or on the maturity or attractiveness of the face.
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TANFORD, SARAH. "Decision-Making Processes in Joined Criminal Trials." Criminal Justice and Behavior 12, no. 3 (September 1985): 367–85. http://dx.doi.org/10.1177/0093854885012003006.
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According to law, a defendant may be tried for more than one offense in a single trial. The present research investigated the effects of such “joinder” on jurors' decision processes. In Study 1, representative juror subjects viewed a realistic videotaped trial containing the same “target offense” either tried by itself or in a joined trial of three offenses that varied as a function of (a) charge similarity, (b) evidence similarity, and (c) judges' instructions designed to reduce judgment biases. Subjects provided individual verdicts, deliberated in groups of six and reached a group verdict, and responded to a questionnaire that assessed processing of trial information. The results indicated that a defendant was more likely to be convicted on a particular charge in a joined trial than on the same charge tried by itself, and judges' instructions were totally ineffective at reducing judgment biases. Joinder led to confusion of evidence and negative inferences about the defendant. Study 2 replicated and extended the findings of Study 1 using nondeliberating undergraduates. The results of both studies suggest that increased convictions in joined trials are mediated through inferences about the defendant's criminality.
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Pratama, Ari. "ANALYSIS OF THE ACCOUNTABILITY OF CRIMINAL ACTIVITIES IN THE EIGHT OF THE LUWAK POWDER COFFEE IN PD. SUMBER BUANA ABADI (Study of Decision Number 307 / Pid.B / 2018 / PN.Kla)." Progressive Law Review 1, no. 01 (November 11, 2019): 8–19. http://dx.doi.org/10.36448/plr.v1i01.10.
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One form of embezzlement is in the Decision of the Kalianda District Court of South Lampung Number 307 / Pid.B / 2018 / PN.Kla which states that Defendant Selamet Riyadi Bin Tugino has been proven legally and convincingly guilty of committing a criminal offense " The problem in the research is why the perpetrators committed the crime of embezzling civet coffee in PD. Sumber Buana Abadi based on Decision Number 307 / Pid.B / 2018 / PN.Kla and how the responsibility of perpetrators of criminal acts of embezzlement of civet coffee in PD. Sumber Buana Abadi based on Decision Number 307 / Pid.B / 2018 / PN.Kla. The research method uses a normative and empirical juridical approach, where the normative juridical approach is carried out by studying legal norms or rules, legal principles, while the empirical approach is conducted by direct interviews with informants who will relate to research problems, data analysis used is qualitative juridical. The results of the study showed that the causes of the perpetrators committed the crime of embezzling civet coffee in PD. Sumber Buana Abadi, based on Decision Number 307 / Pid.B / 2018 / PN.Kla, is a mentality of workers, a fulfillment of life necessities, an intention and opportunity and a greedy attitude from humans. The most dominant factor is the urgent need for money from the perpetrators. Criminal liability perpetrators of criminal acts of embezzlement of civet coffee in PD. Sumber Buana Abadi based on Decision Number 307 / Pid.B / 2018 / PN.Kla is where the defendant Selamet Riyadi Bin Tugino has been proven legally and convincingly guilty of committing a criminal offense "Also Participating in Crime of Emblem". Sentenced to Defendant because of that with imprisonment for 10 (ten) months. Determine the period of arrest and detention that has been carried out by the Defendant to be deducted entirely from the sentence handed down. Determine the Defendant to remain detained. As well as imposing on the Defendant to pay court fees in the amount of Rp. 2,000 (two thousand rupiah). Saran, it is expected that the Judge in carrying out consideration prioritizes a sense of justice for victims, defendants and the public. It is expected that the Public Prosecutor in applying the criminal or in giving a claim to the defendant must be in accordance with the actions of the defendant because this is the judge's reference in making his decision.
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Hirst, Michael. "Confessions as Proof of Innocence." Cambridge Law Journal 57, no. 1 (March 1998): 146–64. http://dx.doi.org/10.1017/s0008197300134427.
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In recent years, a number of criminal cases have been reported in which defendants have sought to rely upon the confessions of their co-defendants as proof of their own innocence. The co-defendant may perhaps have admitted that he alone was responsible, or that he and some third party were responsible. His confession may have been made to the police or to some other person. In one case, the father of a girl charged with robbery covertly tape-recorded admissions made to him by one of her two co-defendants. These admissions were damning to that co-defendant, but tended to exonerate the girl.
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Yoshizuka, Keith I., and Paul J. Perry. "The Association Between Pharmacologic Drug Intoxication and Forensic-Specific Intent." Journal of Pharmacy Practice 25, no. 1 (February 2012): 50–60. http://dx.doi.org/10.1177/0897190011431147.
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Two criminal cases are presented in which the counsel for the defendants requested an expert witness to opine whether their drug-intoxicated clients were capable of forming the specific intent necessary to commit the felonies for which they were charged. Intent from a legal standpoint is often times a poorly understood concept among expert witnesses. The application of a criminal defense of intoxication depends upon the nature of the crime the defendant is accused. The intoxication defense cannot be applied to general intent crimes. In cases where specific intent crimes are charged against the defendant, voluntary intoxication may be used to prove that the defendant could not possess the capacity to formulate the intent as a necessary element of the crime. Voluntary intoxication may be used as a defense in specific intent crimes to negate the critical element of intent required for the prosecution to prove in criminal cases. Without being able to prove intent, the prosecution has not met their burden of proving that every element of the crime has been met, thus resulting in an acquittal.
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Donnelly, Bebhinn. "Sentencing and Consequences: A Divergence between Blameworthiness and Liability to Punishment." New Criminal Law Review 10, no. 3 (2007): 392–414. http://dx.doi.org/10.1525/nclr.2007.10.3.392.
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A defendant who attempts a crime may have a similar moral status to a defendant who completes the same crime. This paper seeks to show that there are nonmoral differences between such defendants that may be relevant to sentencing, notwithstanding the primary role of (moral) proportionality in determining relative sentences. A particularly significant nonmoral difference is seen in the effects experienced by defendants depending on whether their criminal acts succeed or fail. It will be argued that for murder/attempted murder, the disparity in likely effects could be regarded as significant enough to require wholly different sentencing considerations for the respective offenses.
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Dewi, Sri Dewi Rahayu, and Yulia Monita. "Pertimbangan Hakim dalam Putusan Perkara Tindak Pidana Narkotika." PAMPAS: Journal of Criminal Law 1, no. 1 (April 23, 2021): 125–37. http://dx.doi.org/10.22437/pampas.v1i1.8314.
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ABSTRAK
Artikel ini bertujuan untuk menganalisis dasar pertimbangan hakim dalam penjatuhan pidana terhadap pelaku penyalahguna narkotika golongan I bagi diri sendiri. Metode penelitian ini menggunakan penelitian hukum Yuridis Normatif. Hasil dari penelitian ini menunjukkan bahwa penyebab hakim menjatuhkan putusan berbeda terhadap kedua kasus ini karena terdapat keadaan yang meringankan terhadap kedua terdakwa. Pada studi kasus keadaan yang meringankan yang dipertimbangkan oleh hakim yaitu: karena terdakwa merupakan korban penyalahguna narkotika yang sudah kecanduan serta didukung dengan keterangan saksi di persidangan. Oleh karena itu hakim harus mempertimbangkan fakta yuridis, fakta persidangan dan fakta sosiologis dari terdakwa. Hal ini dilakukan agar terdakwa merasa bahwa hakim menjatuhkan putusan pidana sesuai dengan perbuatan terdakwa.
ABSTRACT
This article aims to analyze the basic considerations of judges in convicting criminals against class I narcotics abusers themselves. This research method is a normative legal research. The results of this study indicate that the cause of the judge handed down a different verdict in these two cases because there were circumstances that alleviated the two defendants. In the case study the mitigating circumstances considered by the judge are: because the defendant is a victim of narcotics who are addicted and supported by witness testimony at the trial. Therefore the judge must consider the juridical facts, the facts of the trial and the sociological facts of the defendant. This was done so that the defendant felt that the judge handed down the criminal verdict according to the defendant's actions.
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Mansyur, Mansyur, and Muhammad Gofar Harahap. "ANALISIS PUTUSAN LEPAS DARI TUNTUTAN HUKUM TERHADAP PELAKU TINDAK PIDANA." Borneo Law Review 5, no. 2 (December 20, 2021): 187–212. http://dx.doi.org/10.35334/bolrev.v5i2.2318.
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AbstractThe phenomenon that has occurred in Indonesia is the determination of mental disorders which procedurally do not meet the elements of only looking at the physical condition of the perpetrators of criminal acts. This research was conducted based on how the procedure in determining a person has a mental disorder according to criminal procedural law, Is the decision of the Simalungun District Court Judge Number: 207/Pid.B/2015/Pn.Sim in accordance with the criminal procedure law in dealing with defendants with mental disorders. To find out the procedure for dealing with criminals who are suspected of having mental disorders in terms of proving and applying certainty to the perpetrators and knowing the considerations in the decisions discussed in imposing the release of perpetrators with mental disorders. This research method is the type of juridical and normative research, approach to the problem of sources of legal materials, techniques of collecting legal materials, analysis of legal materials. Conclusion The decision of the Simalungun District Court Number 207/Pid.B/2015/Pn.Sim, in determining the mental state of the defendant is only based on the judge's belief so that it is not bound by the procedures intended by criminal procedural law by involving expert witnesses, to prove the mental state of the defendant. where the psychiatrist should have a very important role in the trial considering the limited capabilities possessed by a judge in terms of mental health.Keywords: Release Decision, Lawsuits, Criminal Actors
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Wansley, Matthew. "Scaled Punishments." New Criminal Law Review 16, no. 3 (2013): 309–63. http://dx.doi.org/10.1525/nclr.2013.16.3.309.
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This article challenges the principle that punishment is only justified after a defendant has been found guilty beyond a reasonable doubt. It proposes instead a system of scaled punishments in which a defendant’s sentence would be proportioned to the jury’s reported confidence level in the defendant’s guilt. The criminal justice system already implements a series of implicit scaled punishments in the form of plea bargains. This article defends the counterintuitive conclusion that a system of explicit scaled punishments would better satisfy the aims of retribution, incapacitation, and deterrence that we take to legitimate punishment. A system of scaled punishments would smooth out the moral discontinuity that our binary verdict structure creates. It would more precisely align the collateral consequences of criminal adjudications with the risk each criminal defendant poses. It would better distribute the costs of legal error. Paradoxically, a system of scaled punishments would likely reduce net incarceration in the United States. Factual uncertainty is pervasive in criminal law, and a system of scaled punishments would respond to uncertainty more rationally.
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Al Ahfaqsyi, Ahmad Ghifar, and Siti Rodhiyah Dwi Istinah. "Manifestation Of Criminal Sanctions In The Judicial Process On Criminal Actor Of Negligence (Culpa)." Law Development Journal 2, no. 2 (October 4, 2020): 107. http://dx.doi.org/10.30659/ldj.2.2.107-114.
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The purpose of this research is to study and analyze manifestation of criminal sanctions in the process of prosecuting the perpetrator of a criminal offense due to negligence (Culpa). In this study the authors used sociological juridical methods with descriptive research specifications. The data sources used are primary and secondary data. Based on the results of the research, the conclusion is that in case No.207 / Pid.Sus / 2019 / PNClcp, it is in accordance with the provisions of both formal criminal law and material criminal law and the conditions that can be convicted of a defendant, this is based on trial examination, where the evidence submitted by the public prosecutor, including the testimony of the witnesses which are compatible with the statement of the defendant who honestly admitted to the act he had committed, the Panel of Judges at the Cilacap District Court in the case stated that the elements of the defendant's actions matched the formulation of the offense contained in Article 310 paragraph (4) of Act No. 22 of 2009 on Traffic and Road Transportation.
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Welang, P. Iskandar. "Peradilan In Absentia Pada Perkara Tindak Pidana Korupsi." Corruptio 1, no. 1 (September 10, 2020): 21. http://dx.doi.org/10.25041/corruptio.v1i1.2071.
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The Corruption Criminal Court in absentia is a deviation or prohibited because it is considered as a violation of the defendant's human rights so that the right of the defendant to make a defense will be lost or ignored as regulated in Article 196 Paragraph (1) of the Criminal Procedure Code. Judgment in absentia is only permitted for perpetrators of traffic violations. Then what if the court in absentia is applied to corruption cases. The method in this research uses an approach that includes an empirical approach carried out through direct research in the field, and a normative approach carried out through literature studies related to legislation, research results and other literature. In the implementation of the court in absentia for corruption cases do not violate the rights of the suspect because the defendant is still given the right to follow the stages for criminal justice both from the process of investigation, investigation and trial, but in this case the defendant does not want to use or utilize the rights their rights which have been granted and guaranteed by laws and regulations as regulated in the Criminal Procedure Code.
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Bennardo, Kevin. "Post-Sentencing Appellate Waivers." University of Michigan Journal of Law Reform, no. 48.2 (2015): 347. http://dx.doi.org/10.36646/mjlr.48.2.post-sentencing.
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A sentencing appellate waiver is a criminal defendant’s promise not to appeal her sentence. These provisions routinely appear in federal defendants’ plea agreements. With a few narrow exceptions, a knowing and voluntary sentencing appellate waiver bars a defendant from appealing all issues within the waiver’s scope. Using models of judicial behavior and empirical studies, this Article argues that the inclusion of sentencing appellate waivers in plea agreements creates bargaining inefficiencies and removes important incentives from the sentencing process. As a solution, the Article proposes that sentencing appellate waivers should take the form of separate post-sentencing agreements.
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Raihan, Alief, Setiyono Setiyono, and Hatarto Pakpahan. "Tindak Pidana Pembunuhan Berencana yang Memiliki Indikasi Schizophrenia." Bhirawa Law Journal 3, no. 1 (May 27, 2022): 42–50. http://dx.doi.org/10.26905/blj.v3i1.7997.
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Case of Murder committed by Perpetrator Sugeng Santoso in case Number 535/Pid.B/2019/PN. Mlg is a criminal case of murder followed by tattooing and mutilating the victim. Previously, the perpetrator was often in and out of the Mental Hospital and according to the testimony of the witness, the Defendant was an insane person, suffering from a mental disorder and symptoms of schizophrenia. This study aims to find out and analyze the considerations in the District Court Decision which states the defendant committed a criminal act of premeditated murder and analyze the criminal conviction by the judge in case Number 535/Pid.B/2019/PN. Mlg is appropriate when viewed from the purpose of punishment and by using normative legal research. The basis for the judge's legal considerations in proving the elements of a criminal act of premeditated murder by a perpetrator with a history of mental disorder/schizophrenia in decision number 535/Pid.B/2019/PN. Please, by using the statements of witnesses, expert statements, evidence of the Visum Et Repertum, and the defendant's statements, there has been a correspondence between one and the other where the Defendant Sugeng Santoso still has to be held accountable for his actions for the crime of premeditated murder even though the Defendant is suspected of having a schizophrenic disorder. and was treated in a mental hospital. The judge's legal considerations in imposing a crime against the perpetrator of the crime of premeditated murder with a history of mental disorders/schizophrenia in decision number 535/Pid.B/2019/PN. Mlg in the form of a prison sentence of twenty years is appropriate and fulfills the principle of justice for both the defendant and the victim with the consideration that the defendant has the capacity to be responsible based on the prevailing laws and regulations and based on jurisprudence by considering aggravating circumstances and mitigating circumstances based on Article 197 of the Criminal Procedure Code.
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Abdulsalam, Gambo. "Monetization of Bail Process in Nigeria under the Administration of Criminal Justice Act, 2015 - An Examination of American Experience." Scholars International Journal of Law, Crime and Justice 5, no. 10 (October 12, 2022): 451–61. http://dx.doi.org/10.36348/sijlcj.2022.v05i10.008.
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When the Administration of Criminal Justice Act,2015 was enacted, the purpose among others, was the protection of the rights of the suspect/defensdant and the society from crime. In the prosecution of its purpose, the Act provides for the defendant’s right to bail subject to the discretion of the court to stipulate deposit of money among other terms as a condition for the bail. Further more, the Act provides for the establishment of professional surety regime whereby registered bondsmen are allowed to stand surtety for defendant on the payment of fees to be detrmined on agreement with the defendant. The consequence is the growth of bail industry at Abuja and other cities of Nigeria, where bondsmen force relations of defendants to contribute money in payment of their charges in the same manner as ransom is contributed to kidnappers for the freedom of their loved ones in detention. In this paper, the writer appraised the security implication of the new bail regime on Nigeria and its implication on the right of the defendant to presumption of innocence enshrined in the Constitution of the Federal Republic of Nigeria, 1999 (as ameded). In the course of so doing, the writer uses the doctrinal research method and drew from the American experience on the subject before arriving at conclusion.
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Costa, Elise T., Margaret Pate, and Chris L. Gibson. "Can Molecular Genetic Evidence Influence Jurors’ Perceptions of a Defendant? Results From a Randomized Experiment." Criminal Justice and Behavior 44, no. 8 (July 10, 2017): 1101–19. http://dx.doi.org/10.1177/0093854817715882.
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Despite increases in genetic evidence being used as mitigating or aggravating factors in criminal cases, few studies have examined whether evidence of a defendant’s genotype influences legal decision making of jurors. Using a randomized experiment, this study examined whether potential jurors’ legal decisions are affected when a defendant’s molecular genetic information is entered as mitigating evidence. Participants served as potential jurors from two universities ( N = 279). Results from multivariate regression models suggest that genetic evidence does not influence punitive attitudes toward a defendant. However, genetic evidence did have a statistically significant effect on fearfulness of the defendant. Participants assigned to the condition in which evidence of the defendant possesses genetic risk of criminality and a history of child abuse were the most fearful of the defendant. We conclude by describing how our findings are related to past research, and we also discuss implications of our study for future research.
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Kislenko, S. L. "The Role of Criminalistic Classification and Defendants’ Typification in the Formation of Forensic Recommendations for Prosecuting in Court." Lex Russica, no. 4 (April 14, 2020): 69–83. http://dx.doi.org/10.17803/1729-5920.2020.161.4.069-083.
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Systemic characteristics of the doctrine dealing with the person committing a crime predetermine the complexity of the use of information about him or her in the process of criminal prosecution. Systemic information on the behavioral aspects of the person in the process of genesis of criminal and post-criminal activity, as well as its procedural status, will be of great importance in the work of law enforcement agencies as a systematic structure. Criminalistically significant aspects of criminal activity (and behavior) as a systemic holistic structure should be discussed when the decisive role of personal features is determined not only in the mechanism of the criminal act, but also beyond it. The activity of the person that takes place both before the criminal prosecution (criminal aspect) and during the proceedings (post-criminal aspect) should be investigated. Therefore, the identity of the defendant should be considered in the context of such categories as the identity of an offender and the identity of an accused (a suspect). The typification of defendants is necessary In order to improve the effectiveness of the prosecution of offenders in court proceedings. The classification approach allows us to develop targeted recommendations (methods, tactical complexes) to maintain the prosecution. Obtaining and using information about the identity of the defendant implies the need for the public prosecutor to interact with other authorities involved in prosecution process. The author comes to the conclusion that the study of personal and behavioral characteristics of the defendant has important theoretical and practical significance. In the first case, the generalization of such knowledge contributes to the development of criminalistic theory in general and its certain sections in particular. From a practical point of view, accumulation of such knowledge contributes to the formation of targeted criminalistic recommendations used to improve the effectiveness of criminal prosecution of persons who committed crimes within the framework of criminal proceedings.
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Brkić, Snežana. "Traditional and new role of defendant in criminal procedure." Zbornik radova Pravnog fakulteta, Novi Sad 54, no. 2 (2020): 561–72. http://dx.doi.org/10.5937/zrpfns54-24879.
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The paper highlights some of the deterioration of the defendant, s position in the 2011 Code of criminal procedure of Serbia. On the other hand, it points to some relatively new institutions that go behind the traditional role of the defendant, which is reflected in the opposition to the charges. These are three types of defendant, s agreement with the public prosecution. The first form is a diversionary model, which is applied in the pre-trial procedure. The second is the plea agreement. Both forms were introduced before the confluence to relieve criminal justice, but the defendant himself benefits. The third form is the conclusion of an agreement between the defendant and the sentenced person on testimony in other to successfully detect, prove or prevent the criminal acts referred to in article 162, paragraph 1, item 1 of the Code of criminal procedure.
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Fischer, Michael. "Services Rendered." Federal Sentencing Reporter 34, no. 2-3 (February 1, 2022): 198–99. http://dx.doi.org/10.1525/fsr.2022.34.2-3.198.
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America’s legacy of racism and inequity has created a criminal legal system that privileges money over innocence. A protracted encounter with the courts has the potential to bankrupt entire families, keeping them and even their descendants in a cycle of disadvantage that can span generations. Yet there are also countless legal backwaters across the country where money, instead of insulating a defendant from the worst of the criminal legal system, puts a different kind of target on their back. Drawing on the author’s lived experience as a formerly incarcerated citizen, this piece uses personal history to explore the different financial pressure points used in the criminal legal system: the ecosystem of cash bail, fines, and fees. It outlines differences in the ways such pressure is applied depending on a defendant’s economic standing, and argues that it amounts to a form of coercion inflicted on defendants from across the spectrum of financial privilege. The piece also highlights how financial exploitation in the criminal legal system can leave defendants not only financially indebted to their support networks but emotionally indebted as well: ashamed of the money and time that was spent—and seemingly wasted—on trying to secure an outcome that the system, by design, always keeps just out of reach.
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Mirkov, Željko. "Preparation and planning of the hearing of the defendant for obtaining a lawful and complete testimony." Glasnik Advokatske komore Vojvodine 93, no. 3 (2021): 825–44. http://dx.doi.org/10.5937/gakv93-25941.
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The paper deals with the measures for the preparation and planning of the hearing of the defendant, taken by representatives of the police or prosecutor's office. In the introduction, the author provides general observations on the hearing of the defendant and his testimony in the criminal procedure. The paper then proceeds to outline the views of theoreticians regarding the significance of the preparation and planning of the defendant's hearing, as well as specific measures that need to be taken when carrying out this activity. These measures consist of the following: 1) determining the person who will conduct the hearing; 2) determining the location and time of the hearing; 3) analysis of the situation in the case files before the first hearing and identification of all facts and circumstances concerning the criminal offence; 4) obtaining information on the defendant's personality, and 5) preparation of the hearing strategy. The author considers these measures necessary assumptions for obtaining not only a lawful testimony - in line with the provisions of the law on criminal procedure, but also a complete testimony, which is able to shed light on the facts surrounding the criminal offence.
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Mirkov, Željko. "Criminal procedure principles in defendant hearing." Civitas 10, no. 2 (2020): 68–81. http://dx.doi.org/10.5937/civitas2002068m.
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Although there is no uniform definition of procedural principles in criminal procedure theory, they can be defined as legal rules or guidelines on which the criminal proceedings are based. As such, the principles of criminal procedure law apply to procedural entities and procedural actions. Evidentiary actions, as a type of procedural action, clarify the criminal case that is the subject of the criminal proceedings. The Criminal Procedure Code stipulates several evidentiary actions, one of which is the preliminary hearing of the defendant. The defendant hearing, in which the defendant gives their testimony, is given a great deal of attention because it represents one of the most important pieces of evidence, and the course of evidence presentation is the most significant and crucial issue of the criminal proceedings. Therefore, the paper will present a review of the criminal procedure principles related to this evidentiary action, starting from the principle of legality as the main principle, followed by the principles of orality, publicity, immediacy and adversity (party control of facts and means of proof).
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Spaic, Aneta, Claire Angelique Nolasco, Lily Chi-Fang Tsai, and Michael S. Vaughn. "Does insider trading pay?" Journal of Financial Crime 26, no. 2 (April 1, 2019): 647–64. http://dx.doi.org/10.1108/jfc-07-2018-0068.
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Purpose This paper analyzes trading and tipping activities in insider trading litigation decided by federal courts from January 1, 2012 to December 31, 2014. Design/methodology/approach Legal documents from the US Securities and Exchange Commission, LexisNexis and Westlaw databases were coded to determine profile, patterns of trading and settlement outcomes. Findings Results of statistical analysis indicate that a defendant in both civil and criminal cases is more likely to trade on the information when he/she receives a direct, financial benefit from breaching his/her duty of confidentiality. The defendant tipper is also more likely to pass on the information to a close personal friend, business associate or family member. The average amount of profit of defendants in both civil and criminal proceedings substantially exceeds the average amount of their settlements. Originality/value This paper offers support for the rational choice model – insider trading is often based on rational calculations of benefits not only to the defendant but also to his/her family and associates. Although the threat of civil enforcement and criminal proceedings may possibly deter him/her from committing the crime, results indicate that the amounts of settlement in both proceedings are considerably lower than the amount of profits obtained from the offense.
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Arrohim, Mohammad Barkah, and Sri Endah Wahyuningsih. "Analysis of Judicial Application of Criminal Penalty Against Notary / Land Deed Officials Conducting Making Crime of the Fake Authentic Deed in State Court of Semarang." Jurnal Akta 7, no. 2 (August 15, 2020): 183. http://dx.doi.org/10.30659/akta.v7i2.7891.
Full textAbstract:
The purpose of this study was to: 1) analyze the application of criminal penalty against Notary / PPAT in the crime of counterfeiting deed on the Case In State Court of Semarang. 2) Analyze the legal consequences of the Notary / PPAT penalized following criminal of fake deed as object case in court on a lawsuit in State Court of Semarang. The approach in this research is normative juridical that while the data used in this research primary data, secondary data and data that can support tertiary study, which was then analyzed by descriptive analytical method.Based on the results of data analysis concluded that: 1) The application of criminal law to the Notary / PPAT in the crime of falsification of the authentic deed in case Criminal judges are viewed from the indictment, formally defendant has fulfilled the elements formulation in forgery and materially to hear and see information from the defendant, the witnesses and the evidence presented in the trial and have sufficient minimum of two (2) valid evidence, the defendant was found guilty and convincingly to have committed the crime of falsification of the authentic Article 264 of the criminal Code in conjunction with Article 55 (1) e of the criminal Code that is alleged to defendant ,2) The legal consequences of the Notary / PPAT sanctioned criminal in the crime of counterfeiting authentic deed along with the deed that made the object of a case in court on the case Criminal defendant Notary / PPAT sentenced to prison with a prison sentence and All certificates issued by the defendant Notary / PPAT canceled in favor law.Keywords: Criminal Penalty; Notary / PPAT; Authentic Deed.
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Santoso, Agung Nugroho, and Sri Kusriyah. "Role Of Public Prosecutors In Corruption Crime Prosecution." Law Development Journal 3, no. 2 (July 18, 2021): 198. http://dx.doi.org/10.30659/ldj.3.2.198-204.
Full textAbstract:
The aims of this study are as follows: To identify and analyze the role of the Public Prosecutor in prosecuting defendants for corruption. To find out and analyze the efforts that will be made by the Public Prosecutor if the decision handed down by the Judge of the Corruption Court is not in accordance with the demands of the Public Prosecutor. The approach method used in this study is a sociological juridical research method. The specifications in this study are analytical descriptive. Based on the results of this study, the role of the Public Prosecutor in Prosecuting Defendants of Criminal Acts of Corruption, namely the public prosecutor in carrying out prosecutions for criminal acts of corruption has been sufficient to prove the fulfillment of the elements of criminal acts of corruption that were violated by the defendant as a result of the actions committed. Starting from the investigation, prosecution, legal action which then if it already has permanent legal force, the prosecutor's office as in making charges against criminal acts of corruption is regulated in Article 137, Article 139 and Article 143 of the Criminal Procedure Code as well as Act No. 16 of 2004 concerning the Attorney General's Office of the Republic of Indonesia. Indonesia, thus giving confidence to the judge that the defendant's actions had violated the criminal provisions he was charged. Examination of the Cassation Level for Legal Interests (Article 259 of the Criminal Procedure Code). Review of Court Decisions that have Permanent Legal Force (Article 263 of the Criminal Procedure Code).
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Tommy, Tommy, Febrian Febrian, Nashriana Nashriana, and Ruben Achmad. "Immaterial Compensation Not Criminal Losing Lives as an Implementation of Victim Protection." Fiat Justisia: Jurnal Ilmu Hukum 16, no. 3 (October 4, 2022): 239–52. http://dx.doi.org/10.25041/fiatjustisia.v16no3.2656.
Full textAbstract:
Immaterial compensation is compensation that cannot be calculated with money, such as pain, loss, and psychic, but the compensation can be replaced with some money. The existence of immaterial compensation aims to protect victims of loss of life from other people such as children and wives, families, and parents. Based on the Criminal Code, hereinafter referred to as the Criminal Code, the regulation of the crime of taking life is regulated in Articles 338 to 340. The most severe threat of punishment is contained in Article 340 of the Criminal Code, namely the death penalty, or can be said to be life imprisonment, or for a while. certain period, with a maximum period of 20 (twenty) years. Therefore, the existence of liability for compensation from the defendant to the victim can reduce the defendant's sentence or can replace the main sentence of the defendant.T he research method uses a type of qualitative research sourced from the various scientific literature.