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1
Smirnov, Alexander, and Andrey Santashov. "Extrajudicial Forms of Protecting Rights and Freedoms of a Person in the Field of Criminal Law Relations: Conceptual Aspects and Improvement of State Response." Russian Journal of Criminology 15, no. 2 (April 30, 2021): 210–19. http://dx.doi.org/10.17150/2500-4255.2021.15(2).210-219.
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The article describes the conceptual basis for a new special research theory — extrajudicial forms of protecting rights and freedoms of a person in the field of criminal law relations. The authors introduce the concept of these forms and their system consisting of legal and non-legal forms of such protection. It is concluded that the reaction of the state to the implementation of legal extrajudicial forms of protecting rights and freedoms of a person in the field of criminal law relations should be improved with the purpose of ensuring greater justice when making decisions on criminal prosecution for the self-defense of the legal status of a person in the analyzed sphere of relations. The authors offer a number of suggestions on changes and amendments to the Criminal Code of the Russian Federation that would improve the effectiveness of this reaction. On the other hand, non-legal forms of self-defense in the field of criminal law relations should be prevented. The authors present a list of factors determining the existence of these forms in the Russian society, some of which, due to certain circumstances both in the past and present period of the development of Russian state and society, have an «excusable» character. These factors include both global (the spread of various discrimination practices, ideas of extremism and religious radicalism; the escalation of violence) and national factors (historical predetermination of state and public development; features of cultural development of the Russian society; specifics of the implementation of state policy and public administration activities; drawbacks of criminal law regulation of social processes and law enforcement activities; destructive practices of social relations; moral and psychological state of the society; influence of propaganda; defective educational and pedagogical influences, etc.). The authors also present a system of preventive measures aimed at eradicating non-legal forms of the analyzed extrajudicial protection. This system includes measures of developing a state reaction to crimes that would correspond to social expectations, ensuring a greater strictness of criminal law, unavoidability of prosecution, as well as measures of moral rehabilitation of the Russian society, raising the level of its legal conscience and culture. The authors suggest the introduction of a norm that establishes criminal liability for usurping the power of the court connected with the administration of justice.
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Gore, Aaditya, and Anuradha Parasar. "Adversarial Criminal Investigation - Legal, Psychological, and Sociological Aspects." ECS Transactions 107, no. 1 (April 24, 2022): 873–89. http://dx.doi.org/10.1149/10701.0873ecst.
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Criminal investigation in India is premised on the adversarial system, which provides for investigative fact finding with complete police discretion in fact finding. Investigation to find out only inculpatory facts deviates from the requirement of fairness in executive procedure. The purpose of investigation is to find out the truth. Exculpatory facts are a part of that truth. Constraints placed upon the freedom of the arrestee during investigative incarceration curtail the ability to establish exculpatory facts. Fair investigative procedure ought to provide for statutory norms for bringing to the fore exculpatory facts. Incarceration-related duress leads at times to false confessions. This paper explores the legal, psychological, and sociological aspects of investigative incarceration, and the practical implications and limitations of processual justice in the adversarial investigative process with special reference to India. A survey of civilian experience of policing is made to understand the approach of the public towards policing as a service.
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Hendarto, Yudi, and Umar Ma'ruf. "Diversion In Children Criminal Justice System Through Restorative Justice." Jurnal Daulat Hukum 1, no. 2 (June 6, 2018): 331. http://dx.doi.org/10.30659/jdh.v1i2.3269.
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The formulation of the problem and the purpose of this study is to describe and analyze the diversion urgency in handling juvenile criminal cases, and to describe and analyze Perma No. 4 of 2014 on Diversion in criminal matters menyelesaian children through restorative justice approach. This research method using normative legal research methods dengn type of research is descriptive analytical.� Based on the analysis result No. 4 of 2014 can be presented the following results, that Perma No. 4 of 2014 is needed in handling juvenile criminal cases. This is because during this time the condition of children who are in the coaching institutions, detention and permayarakatan far worse than a face appeared positive aspects of child development. Mixing children with adults in penitentiary have negative effects and its own psychological burden for the child, because he considered himself the same as adults with Perma No. 4 of 2014.Keywords: Diversion, Child Criminal Justice System, Restorative Justice
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Tatyanina, L. G., and N. O. Mashinnikova. "SOME ASPECTS OF FREE WILL IN CRIMINAL PROCEEDINGS." Bulletin of Udmurt University. Series Economics and Law 32, no. 3 (May 31, 2022): 553–59. http://dx.doi.org/10.35634/2412-9593-2022-32-3-553-559.
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The article examines some issues of the law enforcement officer's freedom of will within the framework of criminal procedural legal relations in connection with the problem of the dispositive principle in criminal proceedings. Questions are raised about the relationship between the concepts of publicity and dispositivity in the administration of justice in criminal cases. Conclusions are drawn that dispositivity in criminal proceedings is not opposed to its public beginning, but complements it for the purpose of achieving the assignment of criminal proceedings. The characteristic features of free will in criminal proceedings are revealed. The authors propose a definition of the concept of "free will" for the purposes of criminal proceedings. It is indicated that the freedom of will of a law enforcement officer in criminal proceedings can be implemented by a law enforcement officer only if he has the freedom to choose procedural behavior and if he is provided with appropriate resources, representing a set of procedural powers assigned to each of its participants. The concepts of "emotionality" and "conviction" are analyzed and compared. An exclusively technological approach to criminal proceedings is criticized, since the authors proceed from the fact that such a desire to optimize criminal procedural forms can deprive justice of an individual approach to the subject of the proceedings, and therefore justice in its criminal procedural sense in terms of equality of all before the law and the court and individualization of punishment.
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Batricevic, Ana. "Children and animal abuse: Criminological, victimological and criminal justice aspects." Temida 14, no. 3 (2011): 57–77. http://dx.doi.org/10.2298/tem1103057b.
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Animal abuse represents a complex social, psychological, criminological, victimological and legal phenomenon whose gravity is increased if a child appears either as the perpetrator or as the observer of violence against animals. Etiology and phenomenology of animal abuse suggest that it tends to overlap with various deviant, delinquent and criminal activities, including physical, emotional and sexual abuse of family or other community members, alcohol and drug abuse, illegal gambling and betting and membership of children and adolescents in street gangs. The author discusses fundamental reasons, causes and motives for animal abuse committed by children as well as the devastating impact of children?s exposure to the scenes of animal abuse on their future delinquent behavior. She emphasizes the link between animal abuse and family violence and analyzes the position of a child as a direct or indirect victim in such situations. In addition, the author estimates the efficiency of existing mechanisms of prevention and state reaction to such behaviours and suggests solutions, which are accepted in comparative law, as potential role models.
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Sriwiyanti, Sriwiyanti, Wahyu Saefudin, and Siti Aminah. "Restorative Justice for Juvenile Offenders in Indonesia: A Study of Psychological Perspective and Islamic Law." JIL: Journal of Islamic Law 2, no. 2 (August 4, 2021): 168–96. http://dx.doi.org/10.24260/jil.v2i2.335.
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Regulations on handling criminal children in Indonesia refer to restorative justice that prioritizes the most beneficial for children’s future. However, the number of child perpetrators of criminal acts whose handling through the judicial process is relatively high. This study aims to describe and analyze the application of restorative justice in Indonesia and acknowledge the psychological conditions and stages of adolescent development involved in criminal acts. In addition, this study also considers from an Islamic Law perspective. This paper is a literature review using legislation, journals, and books as primary data described descriptively. This study reveals that children aged 12-18 years are immature emotionally and cognitively and experience turbulent changes from various aspects that cause children to commit criminal acts. Thus, managing through the diversion mechanism is prioritized over the judicial process. The diversion mechanism regulating juvenile perpetrators of criminal acts aims to restore relationships, children’s best advantages and protect children’s rights based on restorative justice. The author argues that punishment for children must consider the child’s ability to take responsibility for the cases committed, not as revenge for the violations committed.
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Kitchenham, Nathan. "Applying aspects of the ‘offender personality disorder’ strategy to a secure female psychiatric ward." Clinical Psychology Forum 1, no. 300 (December 2017): 20–25. http://dx.doi.org/10.53841/bpscpf.2017.1.300.20.
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The value of disseminating psychological ways of working with offenders is increasingly recognised. An approach recently implemented across criminal justice services was trialled on a female medium-secure ward. Proposed benefits of this approach to secure psychiatric settings are discussed.
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Revina, I. V., O. S. Pashutina, and I. N. Chebotareva. "THE WAIVER OF A RIGHT TO EXERCISE JUSTICE: LEGAL NATURE AND CONTENT." Vektor nauki Tol’attinskogo gosudarstvennogo universiteta. Seria Uridicheskie nauki, no. 4 (2021): 35–42. http://dx.doi.org/10.18323/2220-7457-2021-4-35-42.
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The paper presents the results of legal research on the involvement of citizens in the administration of justice during criminal proceedings. The existing Russian criminal procedure legislation provides for a relevant procedure. However, some aspects of citizens’ participation in the administration of justice in the sphere of criminal proceedings, for today, are regulated insufficiently, which causes certain difficulties by an executor of law. The study focuses attention on the special constitutional and legal significance of such participation as a form of interaction of the state and society on the whole. The authors consider the participation of citizens in the administration of justice both as a constitutional guarantee of the defense of human and civil rights and freedoms in the Russian Federation and concerning the procedural support of the corresponding right of a criminal procedure participant. The paper states that citizens’ participation in the administration of justice is characterized to a greater degree by their rights than by responsibility. The authors justify the conclusion on the necessity of different interpretations of the concepts of civil duty and legal duty. Such attitude is proved by the fact that the imposed form of participation in justice does not make impossible the juror’s intentional violation of bans stipulated towards a juror. The paper pays attention to the study of the process of trial jury formation in criminal proceedings. The authors identified and analyzed the reasons for citizens’ unwillingness to exercise this right. The study considers both the admissible not contradictory to legal rules forms of such denial and its covert types hindering the administration of justice. It is identified that the waiver of a right to exercise justice can be caused both by objective and subjective factors. Based on the analysis of statistical data and with the account of the examples from judicial practice, the authors justify the necessity of further improvement of norms of the current legislation in ensuring the citizens’ participation in the administration of justice.
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Shikhovtsova, Albina Olegovna. "Certain issues of exercising the right of citizens to participate in administration of criminal justice in the Russian Federation at the current stage." Юридические исследования, no. 4 (April 2021): 1–8. http://dx.doi.org/10.25136/2409-7136.2021.4.35375.
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The object of this research is the constitutional framework of the institution of citizens’ participation in administration of justice, viewed as the fundamental principles of relationship between the democratic state and its citizens. Participation of citizens in court as lay judges is of constitutional nature. One of the forms of citizen’s participation in administration of criminal justice in particular is the jury trial. The goal of this research consists in the analysis of certain aspects of mechanism of exercising the right of citizens to participate in administration of criminal justice in the Russian Federation, as well as in development of recommendations for its improvement. Leaning on the dialectical, systematic, formal-legal, comparative-legal, structural-functional and sociological methods, the author analyzes the current situation pertinent of exercising by the citizens of the Russian Federation of the constitutional right to participate in administration of justice, and substantiated the feasibility of measures for creating conditions for the more active implementation of such right in the area of criminal justice. The author reveals the reasons of passive attitude of the citizens of the Russian Federation towards implementation of their constitutional right to participate in administration of justice as jury, and concludes on the need for taking certain measures on the federal level aimed at attraction of citizens in administration of justice: increase of the legal culture of population, increase of the level of information awareness of the citizens about the jury trial; revision of legal regulation of the procedure of formation of the jury.
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Satya Prema, I. Ketut Arjuna, Masruchin Ruba'i, and Nurini Aprilianda. "Pembatasan Usia Pertanggungjawaban Pidana Anak dalam Peraturan Perundang-Undangan." Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan 4, no. 2 (January 6, 2020): 232. http://dx.doi.org/10.17977/um019v4i2p232-241.
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This article aims to discuss the age of criminal responsibility of children according to statutory regulations in Indonesia and the legis ratio of determining the age of child responsibility according to Law Number 11 of 2012 concerning the Criminal Justice System for Children. The study uses normative legal research with a statutory approach. The results of the study show that three regulations are governing the age limit for a child to be held criminally responsible, namely the Criminal Code Act, Law Number 3 of 1997 concerning Juvenile Court, Law Number 11 of 2011 concerning the Criminal Justice System for Children. These three regulations differ in determining the minimum limit for a child to be held liable for criminal liability. Psychological, sociological, and pedagogical aspects are the base for the ratio of the legal determination of the minimum age of 12 years in the Criminal Justice System for Children.
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Rashida Zahoor, Muhammad Fahad Anwar, Muhammad Asif Safdar, and Jibran Jamshed. "A Comparative Study of Perjury in Legal System of Pakistan and Islamic Law." Journal of Business and Social Review in Emerging Economies 6, no. 4 (December 31, 2020): 1571–79. http://dx.doi.org/10.26710/jbsee.v6i4.1508.
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Perjury is one of the crimes that harm criminal justice; Action against criminal justice means behavior that affects people's right to access the justice system or society's right to prosecute and punish criminals. The witness is considered a reason to prove disputes in both legal and criminal complaints, and due to the importance and value of the evidence, perjury has its specific implications. In our criminal justice system, testimony is a way of legal knowledge and reasoning to diagnose crimes committed by the accused. The testimony is not used in criminal matters, and ignoring his way is not against the accused. Consequently, truth is essential, and testimony cannot be used if it is not true. This paper expresses various forms and numerous aspects of perjury along with its definition, discusses perjury as part of the behavioral and psychological approach of sociology, and finally analyzes the laws of Perjury in Pakistan along with the relevant sections of the Pakistan Penal Code, 1860 (PPC), Qanoon and Shahadat Ordinance, 1984 (QSO) and The Oaths Act, 1873 and other Islamic provisions of laws relating to perjury.
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Rodríguez Ramos, Luis. "¿Progresión o regresión constitucional de la justicia penal española? Irrupción del populismo judicial y del derecho penal de autor." Teoría y Realidad Constitucional, no. 43 (May 23, 2019): 193. http://dx.doi.org/10.5944/trc.43.2019.24404.
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Este artículo analiza, en primer lugar, los aspectos de la legislación y de la praxis de la organización y funcionamiento de la Administración de Justicia en general y, de modo especial, en lo atinente al orden jurisdiccional penal, derivados de la configuración dada por la Constitución de 1978; y, a continuación, destaca las realidades sobrevenidas con posterioridad a dicha fecha, igualmente contrarias a los principios o preceptos constitucionales. Desde lo anterior, el autor propone en ambos ámbitos (general y penal) soluciones “de lege data et ferenda” de avance hacia la “Segunda revolución de la Justicia española”, tan pendiente como urgente, pues al haber acaecido la primera por obra y gracia de la Revolución “Gloriosa” de 1868, la España actual, muy distinta de la de hace más de siglo y medio, precisa de una Administración de Justicia acorde con los tiempos.The article analyzes the configuration given by the Spanish Constitution (1978) to the justice administration and the specialties of the criminal jurisdiction, pointing the unsatisfactory aspects of the constitutional model. Following, the author highlights the real evolution of both the general and the criminal justice administration activity since the Constitution was enacted, reality which has become unrespectful with the Constitution´s principles and regulations. Finally, the document propose for both general and criminal justice administration “de lege data et ferenda” solutions to drive the Spanish judicial administration to an adaptation to current time needs, evolving from the results of the first revolution of justice administration (Gloriosa in 1868) to a second and highly needed revolution.
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Hasuri, Hasuri. "Sistem Peradilan Pidana Berkeadilan melalui Pendekatan Kontrol dalam Proses Penegakan Hukum." Ajudikasi : Jurnal Ilmu Hukum 3, no. 2 (December 31, 2019): 167. http://dx.doi.org/10.30656/ajudikasi.v3i2.1879.
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Justice in the criminal justice system is a static and dynamic in accordance with the space, time and conditions of criminal acts, justice has legal aspects in criminal justice. Understanding justice in the criminal justice system will be found differences in justice that are relatively in accordance with criminal acts and the consequences of these criminal acts. The clean and authoritative administration of justice is the ideals of the judiciary in Indonesia and the hope of seeking justice, the face of the judiciary forms a fair criminal justice system if under ideal conditions, sometimes the criminal justice system does not escape the pressures of the interests of those who want to polarize the law in accordance with a sense of justice constructed by law enforcement as a sub-system of the judiciary body. Normative law enforcement is a series of actions to maintain material law that has been violated by legal subjects in general, law enforcement in the criminal justice system has unique characteristics and procedures in accordance with the legal system adopted and continuously shifts in balance through a renewed legal system . Relevant issues to be examined are: What is the basic idea of a fair trial, How to approach the control of the criminal justice system as an alternative to distributing justice. This study uses a constructivist paradigm with Non-Doctrinal Approach Method or socio-legal research with Qualitative methods, the research specifications are using analytical descriptive, the main data types in this study are field data and are supported by library data, data analysis methods are using Juridical-Qualitative data. For field data validation using interview and observation techniques. The results of the research and discussion in this study are in accordance with the problems that were the focus of the study found the following matters: First, the lack of harmony between the legal system and the criminal law enforcement system has an impact on the basic idea of the criminal justice system. Second, control in the criminal justice system is part of the transformation and reform of the legal system in the criminal justice system.
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Meringolo, Patrizia. "Juvenile Justice System in Italy. Research and interventions." Universitas Psychologica 11, no. 4 (July 12, 2012): 1092. http://dx.doi.org/10.11144/javeriana.upsy11-4.jjsi.
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This paper talks about the juvenile justice system in Italy. The author describes the interventions done with minors, boys and girls aged from 14 until 18 years, who have committed offenses of the civil or penal code, by the New Code of Criminal Procedure for Minors (1988). The Procedures have had some positive psychological aspects, aimed to avoid detention, thanks to alternative measures and strategies for inclusion, including also the minors living in the South, that are often involved in mafia-crimes. Nonetheless there are more negative psychological issues, because alternative punishments are not often applied to minors that lack social networks, particularly to foreign ones. Three examples of participatory researches will be shown, promoted by the Municipality of Florence, Department of Psychology and Third Sector Associations, aimed to promote psychological and social inclusion of minors (particularly those coming from abroad), with the commitment of active citizenship organizations, with an evaluation of their strengths and weaknesses.
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Kovaleva, Anastasiya, Olga Volkonskaya, and Viktoriya Rodina. "Psychological features of the lawyer’s training in the field of the administration of justice." E3S Web of Conferences 210 (2020): 18099. http://dx.doi.org/10.1051/e3sconf/202021018099.
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As part of this work, a study was conducted on the specificity of psychological aspects in the work of lawyers, which allowed the authors to identify a number of difficulties faced by law graduates after completing their studies. The authors come to the conclusion that the traditional system of training young lawyers used for this period of time does not fully respond to the needs of the labor market in its psychological component. The formation of psychological knowledge and skills of law graduates requires new information methods of training.
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Iswahyudi, Eko, I. Nyoman Nurjaya, Nurini Aprilianda, and Bambang Sugiri. "THE REGULATION URGENCY OF CHILDREN UNDER 12 (TWELVE) YEARS OLD IN THE ACT OF JUVENILE JUSTICE SYSTEM IN INDONESIA." International Journal of Advanced Research 9, no. 10 (October 31, 2021): 233–41. http://dx.doi.org/10.21474/ijar01/13540.
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In the Act No. 11 of 2012 about the Juvenile Criminal Justice System, it explains the age limit for juvenile criminal responsibility for those who commit criminal acts, as regulated in Article 1 point 3. The children between 12 (twelve) years old and 18 (eighteen) years old are suspected of committing a crime.. The purpose of this study was to determine and analyze the urgency of regulating teenager under the age of 12 in the constitution of Republic of Indonesia Number 11 of 2021 on the Juvenile Criminal Justice System as well as children in conflict with the law.This type of normative legal research uses a statute approach and a case approach through a literature study. The results of the research on the urgency of regulating children under the age of 12 in Act Number 11 of 2021 concerning the Juvenile Criminal Justice System as well as children in conflict with the law. Many cases of crime that occur under the age of 12 years. So that special attention is needed regarding the minimum age limit for children who can be given criminal sanctions related to Article 1 letter 3 and Article 21 paragraph 1 of Act Number 11 of 2021 about the Juvenile Criminal Justice System without ignoring the psychological aspects of the child, whether acting as perpetrators, witnesses or victims. The purpose of punishing children is relatively not just to retaliate against people who commit criminal acts but has a useful purpose.
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Kristiono, Cucuk, and Rakhmat Bowo Suharto. "Child Position Analysis As A Criminal Actor Of Homosexual In Juvenile Criminal Justice System." Law Development Journal 3, no. 3 (August 18, 2021): 666. http://dx.doi.org/10.30659/ldj.3.3.666-674.
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The purpose of this study is to formulate government policies in handling children who commit crimes through the Juvenile Criminal Justice System. This study uses a normative juridical method with a library study data collection method. The results of this study indicate that the formulation policy of the Garut Police Criminal Law enforcement through the Garut District Court Decision Number 10/Pen.Pid.Sus-Anak/2018/PN Grt against children as perpetrators of homosexual crimes turns out to be treated the same as children who commit other conventional crimes such as theft. , persecution, fights and others. The decision from the court is that rehabilitation should be carried out, the handling of which is only handed over to Islamic boarding schools, meaning that there is no special treatment in rehabilitating children who commit homosexual crimes. Whereas homosexual perpetrators are deviant behavior and must get special treatment especially if they are still children with the hope of recovering, of course it is greater in the form of integrated treatment not only from the spiritual aspect, there must be treatment from the medical and psychological aspects, so that the goals of rehabilitation will be more maximally achieved. . Suggestions related to the findings of this research is the need to include articles in Act No. 11 of 2012 to regulate more specifically in the implementation of the rehabilitation of children as perpetrators of homosexual crimes.
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Raharjo, Agus, Rahadi Wasi Bintoro, Nurani Ajeng Tri Utami, and Masahiro Suzuki. "The Legal Policy of Criminal Justice Bureaucracy Cybercrime." BESTUUR 10, no. 2 (December 9, 2022): 105. http://dx.doi.org/10.20961/bestuur.v10i2.64498.
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<div><table cellspacing="0" cellpadding="0" align="left"><tbody><tr><td align="left" valign="top"><p class="AbstractText">Cybercrime has resulted in astronomical losses for the business community. However, the reactive policy model must be more effective at preventing cybercrime, and the due process model is also inappropriate for combating cybercrime with a high level of speed and mobility. This study is normative legal research employing a conceptual strategy and case studies. The results indicate that the reactive model must be improved in order to prevent cybercrime. The model of due process is not appropriate for deterring cybercrime with a high degree of speed and mobility. The preventative law enforcement strategy is effective, but it requires a high level of law enforcement capability to detect and disable cybercrime, which is something that few Indonesian law enforcement officials possess. Prevention based on the user, which places responsibility on internet users, is fine for individuals but not for businesses. Based on collaboration between corporations, universities, civic society, and non-governmental groups, the collaborative model synthesizes the aforementioned paradigms. Because they are based on plans or roadmaps created by internet stakeholders, regulations, technical aspects, and law enforcement may be effectively implemented and developed.</p></td></tr></tbody></table></div>
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Saeroni and Triantono. "POLICY BRIEF Konseling Perubahan Perilaku bagi Pelaku Kekerasan dalam Rumah Tangga dalam Sistem Peradilan Pidana." MAQASHID Jurnal Hukum Islam 4, no. 1 (May 29, 2021): 43–52. http://dx.doi.org/10.35897/maqashid.v4i1.616.
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This policy brief was prepared based on the results of research conducted on “Pyco-legal Aspects in Taking Action against Perpetrators of Domestic Violence in DI. Yogyakarta." This research is intended to answer, "the extent to which the opportunities for applying psycho-legal aspects through additional criminal mechanisms of behavior change counseling for perpetrators of domestic violence in the criminal justice system." based on experience in the Special Region of Yogyakarta. This research is a normative-empirical legal research type with a focus on seeing the extent of behavioral change counseling opportunities for perpetrators of domestic violence in the criminal justice system. Data collection was carried out by means of a literature review, and analysis of 65 Decisions on Domestic Violence Cases in District Courts throughout DIY in 2005-2019. Data collection was also carried out through focus group discussions (Focus Group Discussion) with legal assistants, psychological assistants, service agencies, the Police, the Prosecutor's Office, District Courts, Ministry of Law and Human Rights, legal practitioners, as well as in-depth interviews (in-depth interviews), with male counselors, and male perpetrators of domestic violence, as well as experts.
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Cooke, D. J. "Reconviction following Referral to a Forensic Clinic: The Criminal Justice Outcome of Diversion." Medicine, Science and the Law 32, no. 4 (October 1992): 325–30. http://dx.doi.org/10.1177/002580249203200407.
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The criminal records of alleged offenders diverted from the normal process of prosecution were examined on average 31 months after assessment at a forensic clinic. Twenty-five per cent of those assessed reoffended. The apparent effect of treatment became statistically non-significant when other variables were controlled. It is argued that the case against the effectiveness of treatment remains ‘non-proven’ and that psychological benefits may accrue even in the absence of an effect on reconviction rate.
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Tedeschi, Frank, and Elizabeth Ford. "Outliers in American juvenile justice: the need for statutory reform in North Carolina and New York." International Journal of Adolescent Medicine and Health 27, no. 2 (May 1, 2015): 151–61. http://dx.doi.org/10.1515/ijamh-2015-5006.
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Abstract There is a well-established and growing body of evidence from research that adolescents who commit crimes differ in many regards from their adult counterparts and are more susceptible to the negative effects of adjudication and incarceration in adult criminal justice systems. The age of criminal court jurisdiction in the United States has varied throughout history; yet, there are only two remaining states, New York and North Carolina, that continue to automatically charge 16 year olds as adults. This review traces the statutory history of juvenile justice in these two states with an emphasis on political and social factors that have contributed to their outlier status related to the age of criminal court jurisdiction. The neurobiological, psychological, and developmental aspects of the adolescent brain and personality, and how those issues relate both to a greater likelihood of rehabilitation in appropriate settings and to greater vulnerability in adult correctional facilities, are also reviewed. The importance of raising the age in New York and North Carolina not only lies in protecting incarcerated youths but also in preventing the associated stigma following release. Mental health practitioners are vital to the process of local and national juvenile justice reform. They can serve as experts on and advocates for appropriate mental health care and as experts on the adverse effects of the adult criminal justice system on adolescents.
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Кунц, Елена Владимировна. "Women as law officers and concluded in the criminal justice system." Vestnik Kuzbasskogo instituta, no. 1(42) (March 20, 2020): 47–51. http://dx.doi.org/10.53993/2078-3914/2020/1(42)/47-51.
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В статье подвергаются анализу криминологические особенности осужденных женщин, отбывающих наказание в виде лишения свободы. Обращается внимание на то, что рост криминальной активности женщин связан с ухудшением условий их жизнедеятельности. Анализируется структура преступлений, совершенных женщинами, осужденными к лишению свободы. Отмечается, что действующая система исполнения уголовного наказания в виде лишения свободы не в полной мере основывается на гендерном подходе, связанном с учетом особенностей личности осужденной женщины, причинами совершения ею преступлений. Констатируется необходимость учета этих особенностей в уголовно-исполнительной политике в отношении осужденных к лишению свободы. Women and their place and role in the criminal justice system are of great importance in crime prevention. When analyzing the situation of women in the criminal justice system, particular attention should be paid to a number of aspects, in particular: 1) women as offenders and prisoners; 2) women as victims and victims; 3) women in the criminal justice system; 4) research and policy issues. As part of the administration of justice, women traditionally have a marginal status and are assigned a marginal position in society and in relation to legal systems, which leads often enough so that their specific needs are also considered marginal. It should be recognized that the criminal justice system for the most part is focused on the male half of society and men dominate in them and gender issues are not clearly expressed. This scientific article to some extent makes up for the problem of women as offenders and prisoners.
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Darma Putra, I. Putu Bagus, and Ida Bagus Surya Dharmajaya. "PENEGAKAN HUKUM TERHADAP TINDAK PIDANA KEKERASAN SEKSUAL DI WILAYAH HUKUM POLRES JEMBRANA." Kertha Semaya : Journal Ilmu Hukum 10, no. 7 (June 7, 2022): 1608. http://dx.doi.org/10.24843/ks.2022.v10.i07.p12.
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Tujuan penelitian ini dilakukan untuk menganalisis terkait dengan penegakan hukum terhadap tindak pidana kekerasan seksual. Berdasarkan sudut pandang tujuan hukum pidana yaitu melindungi kepentingan hak asasi manusia dari orang perseorangan dan masyarakat. Berdasarkan uraian tersebut bahwa Negara wajib melindungi seluruh warga Negara sehingga keadilan bagi seluruh warga negara dapat tercapai. Termasuk dalam bentuk penegakan hukum pidana khususnya terkait dengan pertanggung jawaban yaitu terhadap tindak pidana kejahatan terhadap tindak pidana kekerasan seksual. Berdasarkan uraian tersebut dan apabila dilihat berdasarkan penegakan hukum dengan mempertimbangkan rasa keadilan bagi terdakwa, korban dan masyarakat, dengan melihat berbagai aspek seperti aspek keadilan korban dan masyarakat, aspek kejiwaan/psikologis terdakwa, korban dan masyarakat, aspek edukatif dan aspek agamais, aspek figure terdakwa, aspek filsafat pemidanaan guna melahirkan keadilan dan menghindari adanya disparatis dalam hal pemidanaan. Metode penelitian yang digunakan adalah metode penelitian empiris. Teknik pengumpulan data menggunakan teknik studi dokumen dan teknik wawancara. Hasil penelitian menunjukan bahwa tindak pidana kekerasan seksual di Wilayah Hukum Polres Jembrana oleh Satuan Reserse Kriminal Unit Perlindungan Perempuan Dan Anak dilakukan dengan tatacara yang berbeda terhadap orang yang sudah dewasa dan/atau terhadap anak di bawah umur sebagaimana ketentuan pasal dalam KUHP. Selanjutnya terkait faktor-faktor yang mempengaruhi penegakan hukum terhadap pelaku tindak pidana kekerasan seksual bahwa dalam proses penegakan hukum yang rumit dari tindak pidana kekerasan seksual atas bukti awal untuk dapat dilakukan proses penyidikan menjadi kendala karena tindak pidana kekerasan seksual memiliki potensi adanya barang bukti yang terbatas seperti didasarkan atas laporan korban dan/atau keluarga serta pengakuan dari pelaku.
The purpose of this study was to analyze related to law enforcement against criminal acts of sexual violence. Based on the point of view, the purpose of criminal law is to protect the human rights interests of individuals and society. Based on this description, the State is obliged to protect all citizens so that justice for all citizens can be achieved. Included in the form of criminal law enforcement, especially related to accountability, namely against crimes against crimes of sexual violence. Based on the description and when viewed based on law enforcement by considering the sense of justice for the defendant, victim and society, by looking at various aspects such as aspects of justice for victims and society, psychological/psychological aspects of the defendant, victims and society, educational and religious aspects, aspects of the figure of the accused. , aspects of the philosophy of punishment in order to give birth to justice and to avoid disparities in terms of sentencing. The research method used is an empirical research method. Data collection techniques using document study techniques and interview techniques. The results showed that the crime of sexual violence in the Jembrana Police Legal Area by the Criminal Investigation Unit of the Women and Children Protection Unit was carried out in different procedures against adults and/or against minors as stipulated in the article in the Criminal Code. Furthermore, related to the factors that influence law enforcement against perpetrators of sexual violence crimes that in the complicated law enforcement process of criminal acts of sexual violence on initial evidence to be able to carry out the investigation process becomes an obstacle because criminal acts of sexual violence have the potential for limited evidence such as based on reports of victims and/or families as well as confessions from perpetrators.
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Soepadmo, Nurianto Rachmad. "Dimension of Justice in Restorative Justice Paradigm in the Criminal System for Sexual Violence in Indonesia." EU agrarian Law 9, no. 2 (December 1, 2020): 14–20. http://dx.doi.org/10.2478/eual-2020-0008.
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Abstract The act of sexual violence is a crime that is classified as a violation of human rights (HAM). The increase number of sexual violence cases in the world, including Indonesia, shows that the current justice system is unable to guarantee justice for victims, and most importantly recovery for victims. For this reason, a justice restoration approach is needed as an alternative in law enforcement against sexual crimes. Practically, marriage used as a way to approach justice restoration. This article used normative and juridical approach to discuss law enforcement on sexual crimes through restorative justice approach. It can be concluded that law enforcement on sexual crimes should observe based on criminology, victimology and ontology aspects, in order to be able to place the problem objectively. As a complaint offense, sexual crimes may not be passed on to criminal process, if there is peace between the victim and the perpetrator, provided that there is an agreement among the victim, perpetrator, family and society without coercion from various parties. The main focus in restorative justice of sexual crimes is to provide protection and assistance to victims from various parties, thus, the victims can be released from trauma or psychological impact that caused by sexual violence experienced by the victim or the impact received after the occurrence of sexual crime.
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Voskobitova, Lidiya, Olga Malysheva, and Sergey Nasonov. "The Personality of the Defendant Through the Prism of Justice: Criminology and Criminal Procedure Aspects." Russian Journal of Criminology 14, no. 5 (November 20, 2020): 777–85. http://dx.doi.org/10.17150/2500-4255.2020.14(5).777-785.
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The article is devoted to integrated research of key milestones of criminological and criminal procedure aspects of knowing the personality of the defendant and to the identification of the existing problem of harmonizing these types of cognitive activities in the administration of justice. The authors stress the differences between the criminological and the criminal procedure interpretations of the personality of the defendant, which are also manifested in the interpretation of its structure. It is shown that the factor integrating the knowledge of the personality of the defendant during judicial proceedings is the inseparable unity of this knowledge with the process of proving. The limits of knowing the personality of the defendant in criminal proceedings are directly dependent on forms of knowing and vary under the influence of their differentiation. The article presents three levels of knowing the personality of the defendant in justice in the criminological and criminal procedure aspects: extended (proceedings in cases of minors and cases on using compulsory medical measures); ordinary (cases prosecuted in general and special procedures); differentiated (cases tried by juries). It is pointed out that the personality of the criminal is most thoroughly examined at the extended and ordinary levels of knowing, which is caused by the contents of the general and the special objects of proof, as well as the absence of any legislative limitations on the objects and means of proving the above-mentioned circumstances. Most problems connected with the limits of knowing the personality of the criminal arise when a case is tried by a jury, which is caused by the bifurcation of the object of this study on the conducted inquiry with or without the participation of the jury. Having chosen the substantive approach to solving this problem, the legislators identified the limits of knowing the personality of the defendant with the limits of the sphere (object) of the cognitive competence of jurors, and other information on the personality of the defendant is studied after the verdict. The authors analyze the problems of correlation between the criminological and criminal procedure aspects of knowing the personality of the defendant in trials by jury: the effectiveness of a substantive limitation of studying personal characteristics of the defendant by jurors and the opportunity to examine the facts pointing at the insanity of the defendant with the participation of jurors. The authors also describe the specific features of examining the personality of the defendant in the USA and in Austria. They conclude that it is necessary to widen the scope of examining the personality of the defendant in trials by jury.
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Rinker, Katelyn. "Prevention of Psychological Abuse in Paediatric Populations." Journal of Victimology and Victim Justice 2, no. 2 (October 2019): 236–40. http://dx.doi.org/10.1177/2516606919885500.
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There are times when neglect or verbal abuse can be nearly as traumatic as physical assault. The social problem of violence relies on the fields of psychology and criminal justice to gain a deeper understanding of aggressive behaviour. These issues are especially troubling in children, who may not have the power to defend themselves, along with other members of special populations. Experiences of trauma during human development can also come with new challenges, such as altered family values through learned behaviors. Aggression is can be learned from family members or close relatives through modeling acts of anger. The reasons underlying child abuse is explored to raise awareness on this serious issue in society. The cycle of violence is also discussed in detail. And the adverse effects of abuse and neglect are emphasized. These concepts include negative health risks, such insomnia, drug use, and nicotine dependence. Other detrimental effects include a poor sense of self-image and low self-esteem, which can increase feelings of self-loathing and disgust. The opinions of specialists in human development and behavioural medicine are voiced to understand violent behavior in individuals prone to criminal behaviours. Experts from a book known as the Societal Burden of Child Abuse explain the aspects of traumatization.
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Гилинский, Яков. "DIGITAL WORLD AND LAW." Rule-of-law state: theory and practice 16, no. 4-1 (April 1, 2020): 22–30. http://dx.doi.org/10.33184/pravgos-2020.4.3.
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Digitalization of all (or almost all) spheres of human life also affects the problems of law and law enforcement. Purpose: to analyze some aspects of digitalization of crime, human rights and freedoms, administration of justice. Methods: analysis of literary sources, statistics, theoretical methods of formal and dialectical logic are used. Results: the review of the dynamics of modern crime rate and structure in the world and in Russia allows us to conclude that there is a tendency to reduce the crime rate, especially violent crime, and the emergence of new types of «digital» crimes - cybercrimes, fraud in the field of computer technology. The use of digital methods of observing over people has given rise to a new and complex problem: «security measures versus human rights and freedoms», «orwellization» of life. Digital methods will increasingly be used in the administration of justice. «Electronic scales of justice», offering a measure of punishment in a specific criminal case is one of the implementations of introducing digitalization in judicial proceedings.
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SULTANOV, A. R. "ARBITRATION FLASH JUSTICE?" Herald of Civil Procedure 11, no. 1 (April 20, 2021): 60–77. http://dx.doi.org/10.24031/2226-0781-2021-11-1-60-77.
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In this article, the author attempts to comprehensively consider such a concept as “flash justice”. The study of this concept, new for Russian science, takes place through the prism of law enforcement practice and the use of many illustrative examples of judicial acts, interviews with representatives of the judicial system and other sources of information. The mentioned phenomenon is considered and evaluated from the point of view of not only civil and arbitration, but also criminal proceedings, where examples are more colorful and clear. The author also cites foreign, in particular English, legal experience as an example. Thus, it is noted that a draft judicial act can be prepared by both the court staff, and its individual provisions can be prepared by the parties. At the same time, the existing guarantees related to the prevention of misleading the judge, as the author notes, contribute to the formulation of the draft court decision, which reflects only the objective facts established by the court and meets the criteria of truth and legality. Also, the article indirectly touches on certain retrospective aspects related to the development of the institution of judicial decision, as well as its transformations in the light of the changing external conditions of the administration of justice.
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Akhpanov, А. N. "Differentiation of jurisdiction and the constitutional right of the defendant to trial by jury." BULLETIN of L.N. Gumilyov Eurasian National University. Law Series 137, no. 4 (2021): 11–19. http://dx.doi.org/10.32523/2616-6844-2021-137-4-11-19.
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The article examines the theoretical, legislative, institutional, technical, and legal aspects of the administration of criminal justice related to ensuring and observing the constitutional right of a defendant to a trial by jury. Within the framework of the doctrinal interpretation of the relevant norms on this form of criminal proceedings, the article focuses on the conditionality and alternativeness of this right of the defendant. The article investigates criteria for referring criminal cases to the jurisdiction of a court with the participation of a jury. The author considers a legal assessment of legal conflicts and a gap in legal regulation arising in judicial practice in differentiating the jurisdiction of criminal cases to a court with the participation of a jury. There was considered the issue of the retroactive effect of the provisions of the law on referring to the consideration by a court with the participation of a jury of the category and composition of criminal offenses, which come into force on January 1, 2023. The author studied foreign legislation and the practice of differentiating the jurisdiction of the jury.
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Pahlawan MP, H. Muhamad Rezky, and Chessa Ario Jani Purnomo. "Problematika Fungsi Hakim Pengawas dan Pengamat Dalam Sistem Peradilan Pidana Indonesia: Tinjauan Studi Socio-Legal." Sang Pencerah: Jurnal Ilmiah Universitas Muhammadiyah Buton 6, no. 2 (August 27, 2020): 107–17. http://dx.doi.org/10.35326/pencerah.v6i2.709.
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In this study, the author considers 3 (three) reasons that are considered important such as philosophical aspects, aspects of criminal law theory, and political aspects of national criminal procedural law after describing 5 (five) previous legal scientific studies related to the implementation of supervisory judges and observers in the criminal justice system. This study aims to reflect on the legal principles of the kimwasmat institution and build models and patterns of implementing the kimwasmat institution. This research intends to answer 2 (two) legal issues: firstly, what are the legal principles contained in Article 280 of the KUHAP. Secondly, what is the model and pattern of implementation of the supervisory and observer judge institutions based on Article 280 of the KUHAP. This legal research uses the socio-legal research method, the materials of which are the results of interviews of judges in deliberate district courts, study of court official documents, relevant laws and regulations to legal issues, legal theory and social science theories. This study found, firstly, the function of kimsmat based on the principle of legal certainty and the principle of benefit which seeks to be married into the principle of certainty which is useful based on Pancasila. Finally, the classical bureaucratic model and the institutional model as well as the aspects of state administration to explain the management and control functions of the authority of the kimwasmat become the basis for the court to carry out criminal objectives.
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Effron, Judge Andrew S., and Jonathan J. Wroblewski. "Congress Reforms Military Sentencing, Creating an Opportunity for a Productive Sentencing Reform Dialogue Between the Military and Civilian Criminal Justice Systems." Federal Sentencing Reporter 35, no. 1 (October 1, 2022): 73–85. http://dx.doi.org/10.1525/fsr.2022.35.1.73.
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In recently-enacted legislation, Congress drew upon the 35-year experience with sentencing reform in the federal civilian criminal courts to reform significant aspects of the sentencing process in the military justice system. The article reviews the sentencing reform provisions contained in the National Defense Authorization Act for FY2022 and the Military Justice Act of 2016, which address many of the core elements of sentencing, including: (1) the principles governing sentencing in courts-martial; (2) the use of sentencing “parameters” and “criteria” in the adjudication of sentences by general and special courts-martial; (3) the role of the military judge in the adjudication of sentences; (4) consideration of plea agreements at the trial level; (5) appellate review of sentences; (6) clemency and related actions on the sentence, and more. After summarizing the history of military and civilian sentencing, the article reviews the newly-enacted military justice sentencing provisions, comparing them to the relevant provisions in the federal civilian sentencing system that were enacted as part of the Sentencing Reform Act of 1984 and subsequent legislation, and implemented by the U.S. Sentencing Commission. Although some of these newly-enacted reforms mirror similar elements of the federal civilian sentencing system, others follow a different approach, reflecting a decision by Congress to adapt rather than simply adopt current civilian practices. As Congress, the Administration, and a new Sentencing Commission focus on criminal justice reform, including possible changes to civilian sentencing law and policy, the recent reforms in military justice sentencing provide an important source of insights worthy of consideration.
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Kuchin, O. S., and P. V. Abramova. "Some features of the preparation and appointment of expert examinations in the investigation of criminal cases of crimes that obstruct the administration of justice." Russian justice 2 (February 18, 2021): 30–32. http://dx.doi.org/10.18572/0131-6761-2021-2-30-32.
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In the framework of this article, the author, based on his dissertation research, presents for public discussion a number of issues that, in his view, are quite important and relevant aspects related to the specifics of the preparation and appointment of forensic examinations in criminal cases of crimes that obstruct the administration of justice. The reader is presented with the results of the study, which revealed quite often appointed forensic examinations in the framework of the category of criminal cases under consideration. Their percentage ratio is noted, some features are outlined from the standpoint of forensic tactics; some examples from judicial and investigative practices are given, and so on. It is advisable to take into account that the correct choice of tactical and scientific recommendations is paramount for the investigator. Depending on what tactics the investigator chooses, it will depend on how quickly he can appoint and conduct a particular forensic examination. Taking into account the fact that there are often errors in the appointment and direct production of examinations, the author of this article offers his own algorithm of actions and some recommendations for practical employees, and notes a number of identified features of those examinations that are assigned and performed for the studied category of criminal cases.
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Widyawati, Anis, Pujiyono Pujiyono, Nur Rochaeti, Genjie Ompoy, and Nurul Natasha Binti Muhammad Zaki. "Urgency of the Legal Structure Reformation for Law in Execution of Criminal Sanctions." Lex Scientia Law Review 6, no. 2 (December 19, 2022): 327–58. http://dx.doi.org/10.15294/lesrev.v6i2.58131.
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The judicial power in criminal law enforcement within the Criminal Justice System, including the execution of criminal sanctions sub-system, should be independent and self-supporting. In Indonesia, the execution of criminal sanctions sub-system is currently under the executive power that enables the practice of execution of sanctions being obstructed by many factors. In relation to that, this study explains the urgency of revision for legal structure of criminal sanctions execution and legal structure reformation for criminal enforcement in Indonesia. It employs a qualitative approach using the doctrinal research within the post-positivism paradigm. This study found that it is considered urgent or essential to reform the criminal legal structure of the national law based on philosophical, sociological, and juridical aspects abiding to Pancasila. The criminal law system covers the criminal law enforcement system which includes material criminal law sub-system, formal criminal law sub-system, and execution of criminal sanctions sub-system. Essentially, the execution of criminal sanctions sub-system acts as a sub-system of punishment. The structural reform of the systemic law in execution of criminal sanctions sub-system should be under the auspices of judicial authority, which is the Supreme Court. Therefore, this study concludes that the system should become linear, independent, synergized, and integrated with the investigative agents, prosecutors, and courts in a single criminal law system. In this way, there will be supervision and coordination in the context of the integrality of punishment, which falls under one protection of an integrated criminal law enforcement system.
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Caianiello, Michele. "Disclosure before the ICC: The Emergence of a New Form of Policies Implementation System in International Criminal Justice?" International Criminal Law Review 10, no. 1 (2010): 23–42. http://dx.doi.org/10.1163/157181209x12584562670776.
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AbstractThe use of theoretical models, the most famous of which is the distinction between accusatorial and inquisitorial, is decisive in testing the intrinsic consistency of a specific procedural system. The aim of this work is to analyse some aspects of the law of evidence provided for by ICC sources, specifically the disclosure provisions, and ascertain whether the blending of different legal traditions may be regarded as successful or subject to criticism. For this purpose, in his analysis the Author employs the widely known Damaška partition between coordinate vs. hierarchical officialdom, in the administration of the process. The conclusion reached in this work is that some amendments to the sources of the ICC concerning the law of evidence would be advisable, in order to rectify certain inconsistencies. Among them, the author proposes the adoption of an official Prosecutor's file in the pre-trial phase.
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Ivanov Popnikolov, Hristo. "FUNCTIONING OF THE MENTAL DEFENSES IN THE CONDUCT OF INTERROGATION WITHIN THE CRIMINAL PROCESS." Knowledge International Journal 28, no. 6 (December 10, 2018): 2161–65. http://dx.doi.org/10.35120/kij28062161h.
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From the subject presented in the report it is evident that the pre-trial and the court bodies may, to some extent, be influenced both by the person of the accused and by his competence to participate in the criminal process. In this regard as an expert, the psychologist can offer invaluable assistance. Each expertise would assist all actors involved in the administration of justice on their objective assessment of the offenders, the understanding of their individual protection and the inherent self-justification during procedural actions. The involvement of psychologists in the criminal process is key to establishing the truth in the investigation, because every crime as an act has a subjective side, expressed in the psychic attitude of the perpetrator to the committed act. Establishing these psychological motives is a key point in the criminal process with a view to establishing the truth.Psychological protection stabilizes the personality in the critical conditions of counteraction, related to the elimination of the experiences of tension, anxiety, stress and frustration, leading to maximum mobilization of its resources and at the same time to their overpayment. Thus, the individual who is the subject of the process action is protected against the adverse external influences, but at the cost of a lot of effort and enormous loss of nervous-mental energy, which increases his own vulnerability instead of contributing to its reduction. The appearance and functioning of psychological protection can be significantly impeded by the interaction of the investigator with the accused. Even more complicated is the situation when it breaks the communication contact that may arise in the psychological alienation and self-isolation of the accused due to the desire to protect himself.Protective psychological dominance is a real psychic activity that investigators, investigators, investigators and judges need to take into account in order to effectively deal with their task and to overcome the resistance of the investigated persons and in a time to prove in a lawful and moral way their guilt and participation in the commitment of the crimes.
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Askerova, Matanat Pasha. "Historical aspects of development of the institution of legal assistance between states in criminal matters in the Republic of Azerbaijan." Юридические исследования, no. 7 (July 2021): 48–60. http://dx.doi.org/10.25136/2409-7136.2021.7.36043.
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The subject of this research is the historical-legal grounds of rendering mutual legal assistance in the Republic of Azerbaijan. Research methodology is comprised of formal-legal, comparative-legal, and historical-legal methods. Normative framework is formed by the Constitution, provisions of the criminal procedure legislation and laws, international acts acceded by the Republic of Azerbaijan, which regulate mutual legal assistance issues. Objective: to develop proposals for improving the Institute of mutual legal Assistance. assistance in criminal matters based on the historical experience in this field. The research results are as follows: mutual legal assistance has evolved from elementary extradition of fugitive serfs, one-time provision of diplomatic assistance to institutionalized legal assistance based on multilateral and bilateral agreements; from the absence of legislative framework to codification; from inclusion of separate norms on certain aspects of the agreement on friendly relations, peace, cooperation or even submission to conclusion of special bilateral agreements. The acquired results can be implemented in intergovernmental relations regulation of rendering mutual legal assistance in criminal matters. The novelty of this research consists in consideration of legal assistance based on the historical-normative acts of the Republic of Azerbaijan. The following conclusions were made: in some historical periods, legal assistance included such institutions as the presence of state representative of the accused in administration of justice against a foreigner, unconditional extradition of criminals who committed grave crime, stiff punishment of those reluctant to peace, elimination from jurisdiction of certain criminals, transfer of prosecution, etc. can still be currently used to regulate or improve the institution of legal assistance in criminal matters, including reasonable terms for submitting court requests. For example, a reasonable term for criminal proceedings is one of the guarantees of effective legal proceedings, the violation of which also entails an infringement of such a fundamental right to fairness of proceedings.
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Ivanov Popnikolov, Hristo. "FUNCTIONING OF THE MENTAL DEFENSES IN THE CONDUCT OF THE INTERROGATION WITHIN THE CRIMINAL PROCESS." Knowledge International Journal 30, no. 6 (March 20, 2019): 1497–502. http://dx.doi.org/10.35120/kij30061497i.
Full textAbstract:
From the subject presented in the report it is evident that the pre-trial and the court bodies may, to some extent, be influenced both by the person of the accused and by his competence to participate in the criminal process. In this regard as an expert, the psychologist can offer invaluable assistance. Each expertise would assist all actors involved in the administration of justice on their objective assessment of the offenders, the understanding of their individual protection and the inherent self-justification during procedural actions. The involvement of psychologists in the criminal process is key to establishing the truth in the investigation, because every crime as an act has a subjective side, expressed in the psychic attitude of the perpetrator to the committed act. Establishing these psychological motives is a key point in the criminal process with a view to establishing the truth.Psychological protection stabilizes the personality in the critical conditions of counteraction, related to the elimination of the experiences of tension, anxiety, stress and frustration, leading to maximum mobilization of its resources and at the same time to their overpayment. Thus, the individual who is the subject of the process action is protected against the adverse external influences, but at the cost of a lot of effort and enormous loss of nervous-mental energy, which increases his own vulnerability instead of contributing to its reduction. The appearance and functioning of psychological protection can be significantly impeded by the interaction of the investigator with the accused. Even more complicated is the situation when it breaks the communication contact that may arise in the psychological alienation and self-isolation of the accused due to the desire to protect himself.Protective psychological dominance is a real psychic activity that investigators, investigators, investigators and judges need to take into account in order to effectively deal with their task and to overcome the resistance of the investigated persons and in a time to prove in a lawful and moral way their guilt and participation in the commitment of the crimes.
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Dewantara, Antonius Mahendra, and Dika Kirana Larasati. "Implementation of Progressive Law in Enforcement of Environmental Law in Indonesia: The Current Problems and Future Challenges." Indonesian Journal of Environmental Law and Sustainable Development 1, no. 2 (July 31, 2022): 237–64. http://dx.doi.org/10.15294/ijel.v1i2.58044.
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Law enforcement in the environmental sector has a broad dimension, not only related to aspects of material losses, aspects of state administration, but also aspects of criminal law. Enforcement in this sector even faces several challenges and obstacles, one of which concerns the various motives and perpetrators of environmental crimes that continue to grow. This study aims to analyze how progressive law should work and be applied in environmental law enforcement in Indonesia. This study highlighted that one of the ways to realize social justice for all Indonesian people as stated in the fourth paragraph of the Preamble to the 1945 Constitution of the Republic of Indonesia is to utilize existing natural resources for the welfare of society. Article 3 paragraph (3) of the 1945 Constitution of the Republic of Indonesia also mandates that the land, water and natural resources contained therein shall be controlled by the state and used as much as possible for the prosperity of the people. This study also confirms that according to many experts, progressive law is pro-justice and pro-people law. This means that in sentencing legal actors are required to prioritize honesty and sincerity in law enforcement. They must have empathy and concern for the suffering experienced by the people. Thus, the interests of the people, in this case welfare, must be the orientation and ultimate goal in administering law.
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Cherepanov, Victor. "On Criminological Aspects of Restricting the Right to be Elected in Counteracting Corruption." Russian Journal of Criminology 12, no. 5 (November 8, 2018): 711–21. http://dx.doi.org/10.17150/2500-4255.2018.12(5).711-721.
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A vital component of state anti-corruption policy is the prevention of people whose personal qualities determine their ability to commit offences from taking up public offices, including elected ones. The author believes that personal qualities determining unlawful behavior should be viewed as a major contra-indication to holding elected office at any level. Taking into account the criminological theory and the results of socio-psychological research, such personal qualities are viewed as criminogenic dispositions of a personality - inclination (readiness) to perceive and evaluate life situations, as well as to act in such situations in an unlawful way that is fixed in this persons social experience. Based on the criminal cases of corruption in recent years involving the leaders of a number of Russian regions and large cities, it is possible to say that there has emerged a real social contradiction between criminological counter-indicators to holding elected office and the actual existence of criminogenic qualities in some people who hold such offices. This contradiction is a criminological problem that the author aims to research. The presented analysis of just one group of restrictions on the right to be elected (criminal record for grave and very grave crimes) shows that the restriction of the right of a citizen to be elected does not take into account the criminological characteristics of a criminals personality, which raises serious concerns regarding the correspondence of such restrictions to the legal principles of justice and proportionality. The author gives suggestions on the amendment of these election restrictions and outlines possible solutions for the presented criminological problem in general.
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Davydova, Olga. "PROFESSIONAL COMMUNICATION OF LEGAL SUBJECTS IN THE CONTEXT OF INTRODUCED CHILD-FRIENDLY JUSTICE." PSYCHOLOGICAL JOURNAL 6, no. 11 (November 30, 2020): 104–13. http://dx.doi.org/10.31108/1.2020.6.11.10.
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The article substantiates that it is important to protect children from modern life risks. An integrated approach to improvement of justice mechanisms in relation to children is needed; this approach should ensure children’s rights through implemented crime prevention programs, used effective measures of social adaptation and rehabilitation of children who has troubles with the law. We have formulated suggestions for the psychological part of the training course “Strengthening a child’s protection system in relation to children who are in troubles with the law”, aimed at development of legal subjects’ communicative competence in professional situations involving children in troubles with the law. The proposed psychological training includes the following educational topics and questions. Topic 1. Age characteristics of a child as a participant of legal relations: 1) the dynamics and patterns of children’s mental development; 2) the determinants of a child’s personality formation; 3) the personal features of a child as a participant in legal relations in different age periods (preschool, primary school, adolescence and early adolescence). Topic 2. Violence and its impact on a child’s personality development: 1) types and forms of violence against children; 2) potential changes in children’s psychological development as a result of violence against them; 3) the main sings of children’s behavior and communication, indicating possible violence against them. Topic 3. The psychological features of interview with a child’s and their interrogation: 1) markers and tools for psychological examination of a child’s actual emotional state during interview and interrogation; 2) psychological aspects of children’s testimony; 3) the crisis forms of children’s deviant behavior and a typical “set of victimization symptoms”; 4) presentation of the Green Room technique. Topic 4. Legal subjects’ communicative competence during professional communication with children in troubles with the law: 1) characteristics of conflict and non-conflict situations during professional communication with children; 2) psychological barriers during legal subjects’ professional communication with children and possible ways to overcome them; 3) means counteracting manipulative influence of children and other participants in legal relations (representatives, parents, etc.) during professional communication. We have discussed the factors influencing effective interactions with children having witnessed a crime or being a victim. The necessary motivation for communication should be understood and formed by taking into account children’s age-related mental development, their emotional states and abuse consequences. Children’s traumatic experience was noted as a factor that complicated a psychological contact established during professional communications with law enforcement officers. The application the Green Room technique is considered. The necessity of psychologists’ participation in pre-trial investigation and court proceedings against children is substantiated based on the studied current criminal procedural legislation and analyzed investigative and judicial practice.
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Erlihson, Irina M. "THE NEWGATE CALENDAR: PCHYCOLOGICAL RECONSTRUCTION OF ENGLISH CRIMINAL BIOGRAPHY OT THE 18TH CENTURY." Vestnik Tomskogo gosudarstvennogo universiteta. Kul'turologiya i iskusstvovedenie, no. 43 (2021): 166–78. http://dx.doi.org/10.17223/22220836/43/13.
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The author of the article refers to one of the intellectual aspects of the genesis of English penitentiary reforms of the 18th century. The progressive increase in crime rate, which English society faced in the 18th century, became a popular trend in social discourse, being left off “board” of historical penology that developed till the middle of the 20th century in the line of the normativism approach. Historiographic schools traditionally treated the evolution of English criminal justice system of the 18th century as the history of sanctions and led complicated social processes to forming severe “vertical of subordination”. The dislocation of the vector of historical researches to interdisciplinary anthropological field led to the emergence of new methods of reconstructions of historical world. The author applied theoretical aspects and tools of “cultural-intellectual and new social history” and it helped to consider imperious relationships in the epoch of the reforming of criminal justice system in the mirror of representation in historical narratives in social-cultural context and reality of Great Britain in the 18th century. The aim of the following research is to analyze criminal biographies from the Newgate Calendar for comprehension of the psychology of a crime both in the point of view of its direct subjects and through the prism of literary and personal interpretation. To reach the goal the author solves the following tasks: - considers the phenomenon of crime from the point of view of their subjects, on the one hand, and the public in the search for universal forms of neutralization of criminal aggression and ways of realization of the punishment in the stated period, on the other; - analyzes the criminals’ psychological state and emotional reactions taking into account classical studies in criminal psychology; - shows the specifics of the manifestation and perception of violence and “crime and retribution” interpretation in the social and spiritual-intellectual contexts of the period In the framework of the study, the author resorts to both special historical and source study methods (biographical, historical synthesis, discursive analysis, interpretation of texts and sources), as well as to the tools of related humanitarian disciplines such as psychological anthropology (reconstruction of a criminal biography involving fundamental works of Z. Freud, E. Fromm, Yu.M. Antonyan). We conclude the following: First of all, Newgate histories performed the edifying function, reminding us of the inevitability of punishment and compulsory repentance of a criminal. Moralistic component helped the “Calendar” to create the reputation of reading, elevating the spirit and it frequently held pride of place on the bookshelves near the Bible. Secondly, The Newgate Calendar made the attitude to the essence of violence in human nature as a part of public discourse. It was a successful commercial project of replication of the examples of antisocial behavior: violence, fraud, adultery, sexual inversions were boldly included into the sphere of public representation. In fact, the combination of didactic discourses and narrative passages created compositional structure of every biography in proportion, fitting such criteria as provocativeness of the material, eccentricity of a criminal’s personality and the degree of his discrepancy to conventional social norms.
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Turman, Natalia. "Realities of application of the institute of mediation in criminal proceedings in Ukraine." Law Review of Kyiv University of Law, no. 1 (May 5, 2021): 267–70. http://dx.doi.org/10.36695/2219-5521.1.2021.52.
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The article is devoted to the analysis of procedural norms, which governing the procedure for initiating and concluding an agreementon reconciliation in the criminal process of Ukraine. The Institute of Agreements in the Criminal Procedure of Ukraine has beenused in practice for more than eight years, but it is premature to speak about the full realization and implementation of this institute inthe practical sphere. An analysis of the norms of the CPC of Ukraine indicates the existence of gaps and controversies that arise in theconduct of criminal proceedings on the basis of agreements. Focus on the controversial and conflict points that arise when concludingan agreement on reconciliation in the criminal process.Analyzing theoretical developments, practical recommendations, legislative projects on the implementation of the mediation procedurein Ukraine, international practice of introduction and functioning of the mediation institution, it can be argued that the properpractical implementation of the mediation procedure is relevant and important for criminal procedure law of Ukraine. It will providean opportunity to make more rational and economical use of budget expenditures allocated to the administration of justice and to relievethe burden on law enforcement and the judiciary. However, attention should be paid here to the phrase “proper practical implementationof the mediation procedure in the criminal procedural law of Ukraine.” In fact, the question immediately arises: “How often do the subjectsof criminal procedural law, in today’s conditions, use the services of mediators in criminal proceedings?”We tried to provide an answer to this question in this article and formulated conclusions and proposals aimed at improving thecriminal procedure legislation in this area. All the above indicates that the issue of legislative consolidation of the status of a mediatorin our country, a clear definition of rights and responsibilities, procedural and substantive aspects of the latter remains relevant.
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Gonzalez, Frank J., Rongbo Jin, and Ianne Wang. "Racial and ethnic variation in the negativity bias–ideology connection: A registered report." Politics and the Life Sciences 41, no. 2 (2022): 232–55. http://dx.doi.org/10.1017/pls.2022.19.
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AbstractThis is a registered report for a study of racial and ethnic variation in the relationship between negativity bias and political attitudes. Pioneering work on the psychological and biological roots of political orientation has suggested that political conservatism is driven in large part by enhanced negativity bias. This work has been criticized on several theoretical fronts, and recent replication attempts have failed. To dig deeper into the contours of when (and among whom) negativity bias predicts conservatism, we investigate a surprisingly overlooked factor in existing literature: race and ethnicity. We propose that political issues represent threat or disgust in different ways depending on one’s race and ethnicity. We recruited 174 White, Latinx, and Asian American individuals (in equal numbers) to examine how the relationship between negativity bias and political orientation varies by race/ethnicity across four domains: policing/criminal justice, immigration, economic redistribution, and religious social conservatism.
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Valijonov, Daler. "THE CONCEPT AND ESSENCE OF INTERNATIONAL COOPERATION IN THE FIGHT AGAINST CRIME." Jurisprudence 1, no. 1 (March 12, 2021): 62–78. http://dx.doi.org/10.51788/tsul.jurisprudence.1.1./rnsa6712.
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This scientific article provides a systematic analysis of the international legal foundations of cooperation in the fight against crime. In the article, the author tried to highlight the theoretical aspects of the issue of international cooperation of law enforcement agencies in the system of combating crime. It also analyzes the content and essence of the concepts of “international criminal group” and “international criminal community”, which are considered relevant today. The author’s comparative analysis on international conventions, declarations and legislation of foreign countries reflected the specifics of this article. Moreover, the relevance of the research topic is because the commission of such crimes is characterized by the use of modern technical means and high-tech facilities of air and land transport, a high transcontinental level of organization and real support of many, including illegal, financial sources. The predicted result of such activities was a significant increase in the number of serious crimes of a transnational nature. The lack of proper legal cooperation between states leads to the emergence and spread of dangerous practices when criminals, committing a crime in one state, illegally cross the borders of another in order to avoid the administration of justice and prosecution. The problem of disclosing, investigating and preventing such crimes within the framework of international cooperation in criminal matters is the most urgent today.
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Ivanenko, Alina. "Normative, organization and legal support for the local civil and criminal courts in Reichcommissariat “Ukraine” (1941-1943)." Scientific Visnyk V. O. Sukhomlynskyi Mykolaiv National University. Historical Sciences 48, no. 2 (2019): 78–83. http://dx.doi.org/10.33310/2519-2809-2019-48-2-78-83.
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World War II and the period of Nazi occupation of Ukraine became the period of severe Nazi social experimentation, the transformation of local society into the subject of pumping of raw materials and human resources. At the same time, in order to achieve the goal and objectives of the occupation, humiliation and neutralization of the resistance movement participants, the German administration had to create a certain appearance of law and order. An important role in this segment of occupation policy was played by the system of local civil and criminal courts that arose in mid-1942. The central government of the Reichcommissariat “Ukraine” succeeded in issuing several completed legal acts that regulated this sphere of functioning of the local society. Occupation topic has already become the central subject of research of contemporary Ukrainian historians. Thus, some aspects of local judicial institutions functioning in the RCU are covered in publications of O. Goncharenko, M. Kunitsky, and Y. Levchenko. But the legal lawmaking of the regional administrative units of the RCU, represented by the general commissariats, has actually remained out of their scientific attention. This is the subject of following study. The lawmaking process of the occupation administration of the RCU in the field of creating a system of civil and criminal justice envisaged the creation of normative acts of primary and regional (local) levels. The normative acts, adopted by the central department of the RCU, received the highest legal status. Normative acts adopted by the general commissariats received the status of sub-legal acts. With a few exceptions, the regulations of the general commissioners did not detail competently the specific provisions of the articles of the Reichcommissioner. Mainly, normative acts of the general commissioners contained technical details to the regulations of the Reichcommissioner. Other prescriptions of the Reichcommissar normative acts were simply repeated. The peculiarity of the normative acts of all levels, and especially of the heads of the general districts of “Zhytomyr”, “Volyn and Podillya”, was their extremely unsatisfactory translation from German into Ukrainian. Some specific legal instructions of normative acts, even those published in the official collections of documents, are difficult to understand. Therefore, one of the tasks of those representatives of the central and regional occupation administration of the RCU, who were responsible for creating the system of local justice, was to interpret the texts of the necessary normative acts.
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Wakefield, Lorenzo. "The CRC in South Africa 15 years on: does the new Child Justice Act 75 of 2008 comply with international children’s rights instruments?" Northern Ireland Legal Quarterly 62, no. 2 (March 10, 2020): 167–82. http://dx.doi.org/10.53386/nilq.v62i2.414.
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Article 40 of the United Nations Convention on the Rights of the Child requires states parties to take appropriate measures to ensure that children accused of committing offences are treated in a manner that would ensure that their best interests are upheld. South Africa ratified the CRC in 1995, the provisions of which have influenced the children’s rights clause in its 1996 Constitution. Section 28(1)(g) of the Constitution stipulates that children may not be detained, except as a measure of last resort and, should they be detained, it should be for the shortest appropriate period of time. Section 28(1)(g) goes further to give domestic effect to the following guarantees stipulated in Article 40 of the CRC: (1) the right to be treated in a manner, and kept in conditions, that take account of the child’s age; and (2) to have a legal practitioner assigned to the child. Recently, SA has enacted its Child Justice Act 75 of 2008, which came into operation on 1 April 2010. The question to be covered in this article is whether this Act truly complies with the international standards set by the CRC (15 years after SA ratified it); the general comments by the United Nations Committee on the Rights of the Child and other non-binding, yet persuasive instruments like the Standard Minimum Rules on the Administration of Juvenile Justice and the United Nations Rules for the Protection of Juveniles Deprived of their Liberty. This article only examines four aspects of the Child Justice Act, being: criminal capacity; pretrial release and detention; diversion; and sentencing. It concludes that, but for a few technical aspects of the Child Justice Act, SA took significant steps to comply with its international obligations when it domesticated the CRC in relation to children who commit offences.
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Sukanya Aimimtham, Imron Sohson, Pornsan Piyanantisak,. "Guidelines to Improve Public Service Administration for Thailand Reform: Reflections from the Northeast." Psychology and Education Journal 58, no. 1 (January 29, 2021): 1314–17. http://dx.doi.org/10.17762/pae.v58i1.899.
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This research is based on a synthesis from a reconciliation forum for the country’s reform in Khon Kaen province, northeast Thailand. The purpose of the study is to identify conflicts and development issues in the area; investigate the need for reform in various sectors at both local and national levels, and explore alternatives or guidelines to improve public service administration for the country's reform. Data was collected using qualitative research tools including focus group, dialogue, and open-ended questionnaires. The target groups consisting of 3,200 people who is living in Khon Kaen province and other 204 professionals consisting of 61 representatives from the government sector, 39 from the private sector, 33 from education sector, 22 from in the political sector and 49 from civil society sector. The results revealed that in order to diminish conflicts, reconciliation must occur at both the community and the national level. In addition, many aspects of public service administration and public policy must also be reformed; especially those involved in politics and political institutions, ethical standards of politicians and government officials, Criminal Justice System and administration, systematic corruption, education system, economic structure and income distribution; information and data management, as well as other issues stem from inequality in the society.
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Vanaga, Sanita, and Inga Pumpuriņa. "CHILD VIOLENCE AGAINST PARENTS: PSYCHOLOGICAL AND PEDAGOGICAL ASPECTS AND PROBLEMS OF LEGAL REGULATIONS OF LIABILITY." SOCIETY. INTEGRATION. EDUCATION. Proceedings of the International Scientific Conference 3 (May 28, 2021): 446–59. http://dx.doi.org/10.17770/sie2021vol3.6226.
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Domestic violence is a cycle of various harassment in which the abuser can be any member of the family. Both media and research on domestic violence focus on the behaviour of adult family members, while there is a lack of research analysing child abuse, for example against their parents. The current legal framework establishes the procedure for bringing an abusive person to justice, however, the provided sanctions do not apply to a child being violent in case the offense is not of a criminal nature. The study presents the research in two parts, the first part, indicating the psychological and pedagogical aspects of the problem, and the second - the problem of the legal regulation of liability.The aim of the study was to analyse the regulatory framework, which determines the child's responsibility in cases of child-to-parent violence, to identify the problems of the legal framework and to develop proposals for the improvement of the legal framework.The study was developed interdisciplinary, performing the analysis of national and international legal acts, analysing statistical data and research on current issues. Analytical and descriptive method, grammatical, historical, teleological and systemic interpretation methods were used in the study.As a result of the research, a number of problems were identified. These were related to the identification of a child being violent, the rights and responsibilities of the family and society in cases of escalating violence, as well as the issue of taking responsibility for the child's violence. At the same time, it was concluded that cases of violence by children to parents are difficult to identify, which may be due to the parent-child relationship and ignorance of the parent's problem, resulting in a formal determination of the child's responsibility in case of violence. In turn, the legal framework should strengthen not only the procedure of holding the children responsible for their violent behavior, but also to call for interdisciplinary prevention of violence committed by children.
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MURYAWAN, AMIR GIRI. "PUTUSAN PRAPERADILAN YANG MENYIMPANG SECARA FUNDAMENTAL." Jurnal Penegakan Hukum Indonesia 2, no. 2 (May 22, 2021): 170–98. http://dx.doi.org/10.51749/jphi.v2i2.30.
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Pretrial hearing is designed for a simple issue, no more than to control administrative proceedings of criminal enforcement. This can be seen from the simplicity of the pretrial hearing concept in Article 77 of the Criminal Procedure Code. Demands for justice for suspects/defendant led to developments in the pretrial system. However, these developments have a negative side, resulting in idealized norms being modified in such a way as to meet sociological interests, which are not necessarily in line with their philosophical and juridical aspects. The most visible impact is that the Judicial Review against Article 77 of the Criminal Procedure Code results in broading the object of pretrial hearing that has serious implications for the procedure law. The problem in this research is whether the decision of pretrial in assessing the core issue of the case includes "pretrial decisions that are considered fundamentally deviant"? This type of legal research is a normative with a prescriptive nature that re-testing vague of norms against legal theory. The results of the research are the decision of pretrial hearings that assess the core issue of the case is fundamentally deviant, because pretrial hearing only have the authority to "examine" and "decide" meaning that they can only move within the scope / realm of administration only. It is different when a judge is given the authority to "adjudicate", then the court will be allowed to examine the subject matter of the case.
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Prosumentov, Lev M., and Alexander V. Shesler. "METHODS OF CRIMINOLOGICAL RESEARCH." Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, no. 37 (2020): 108–16. http://dx.doi.org/10.17223/22253513/37/9.
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The article deals with the methods used in the study of the phenomena that make up the subject of criminology. The main task is to analyze the content of the methodology, general scientific methods, private methods and techniques used in criminological studies. In the course of their work, the authors used metaphysics and dialectic as a methodology; showed the specifics of their application to crime, as well as legal background for the nature of criminality e.g. its public danger. The authors used such general scientific methods as general scientific approaches and mid-level theories. In the case of criminality, the use of a systematic approach and philosophical teaching about human activity is shown. This enabled them to present criminality as a system the structural trait of which is a crime, and a holistic quality is a public danger which synthesizes the public danger of crimes, perpetrators and criminal groups. As a theory of the middle level, the theory of psychological alienation of the person is applied, according to which the typological feature of the criminal's personality is its anxiety for its social or biological status since the crime is psychological protection for external circumstances that cause such anxiety. Among private methods, the emphasis is on the statis-tical method used to characterize quantitative-quality crime indicators and a sociological one (interviewing, conversation, interviews, expert evaluation, analysis of documents, observa-tion). The methods above have limited possibilities: criminal statistics operate with data only on the recorded crimes, reflected in the documents of primary records, the closed criminal environment does not allow to use the method of included surveillance; the method of inter-viewing the participants of criminal groups and their relatives often gives false information, or cannot be applied because the persons in question refuse to be involved in questioning at all; the experiment deals only with certain aspects of criminal justice. The authors conclude that the combination of methodology, general scientific and specific research methods, the specificity of their application to group crime form the methodology of its study. They point out the application in criminology of sociometric and stratometric methods, by which the mechanism of formation, the dynamics of the development of criminal groups is shown, their classification is given, the number of group members is revealed, their status in the group and the structure of the group is established.