Academic literature on the topic 'Progressive prosecutor'
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Journal articles on the topic "Progressive prosecutor"
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Sulistyowati, Sulistyowati. "POLICE RECONSTRUCTION POLICY AND LAW IN THE IMPLEMENTATION OF ATTORNEY RESTORATIVE JUSTICE EMBEZZLEMENT BASED CRIME LAW PROGRESSIVE." Jurnal Pembaharuan Hukum 4, no. 2 (August 15, 2017): 255. http://dx.doi.org/10.26532/jph.v4i2.1670.
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The aim of this study is to determine and assess the legal policy in the Police and the Prosecutor in the application of restorative justice criminal offense of embezzlement today, to know and study the the obstacles of legal policy in the Police and the Prosecutor in the application of restorative justice acts criminal embezzlement based on Progressive Law .This research is descriptive analytic research, which means the results of this study seeks to provide a thorough and in-depth description of a situation, fact or phenomenon. Approach method used in this study was empirical juridical approach or Socio - Legal Research. Analysis data used in this research was a qualitative descriptive data analysis.Results of this study are (1) The policy of law on the Police and the Prosecutor in the application of restorative justice criminal offense of embezzlement is for the investigation of the offenses of embezzlement. The investigators still examine the perpetrators, victims and witnesses, as well as what happens at the level of the prosecution attorney. The attorneys as a public prosecutor still proceed with the prosecution in accordance with the criminal procedure. Justice system if the parties so good Perpetrators, agreed to make peace and do not want to continue the case to the next process, the Investigator Police will apply discretion by allowing the case file was hanging in the sense of not issued Warrant Termination of Investigation but did not proceed to the extent prosecution. Also at the level of prosecution, as the Attorney General Prosecutor not issued Cessation prosecution but also does not proceed bestow the file to the Court; (2) Factors to be obstacles in the implementation of legal policies Police and the Attorney General in the implementation of restorative justice criminal offense of embezzlement at this time.
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Wijaksana, Muhamad Mahrus Setia. "Implementation of Criminal Case Trials Through a Teleconference by Prosecutors with a Progressive Legal Approach." Journal of Morality and Legal Culture 1, no. 2 (December 9, 2020): 66. http://dx.doi.org/10.20961/jmail.v1i2.46519.
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The development of technology in the era of the 4.0 industrial Revolution, characterized by digitalization until covering the realm of criminal law, was affected by the activity of law enforcement. Moreover, this time crowded about criminal trials through teleconference in the middle increasingly the mass of pandemic spread covid-19 which of course also affects the duties and authority of the prosecutor. The study focuses on analyzing the implementation of the trial in a teleconference by prosecutors with a progressive legal approach, highlighting the law as "not only rules and logic but also behavior." This research uses the socio-legal approach. The results showed that the legal arrangements related to criminal proceedings through the teleconference were still scattered in various regulations and the double implications of prosecutors. As for the implementation of the trial teleconference by prosecutors from the legal side of progressive measured from two things, first behavior seen in the trial that met many challenges, second is measured from an understanding of a progressive order/following the dynamics of community development. But the future also needs to be re-evaluated every weakness of existing current and formulated standard operational procedures and detailed legal provisions of the proceedings through the teleconference selectively.
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Altunjan, Tanja. "The International Criminal Court and Sexual Violence: Between Aspirations and Reality." German Law Journal 22, no. 5 (August 2021): 878–93. http://dx.doi.org/10.1017/glj.2021.45.
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AbstractThe adoption of the Rome Statute of the International Criminal Court (ICC) was widely lauded as a success with regard to the recognition and potential prosecution of conflict-related sexual violence. More than twenty years later, however, many observers are disillusioned with the ICC’s dire track record concerning the implementation of its progressive legal framework. In many cases, the Court and particularly its Prosecutor have been criticized for failing to adequately address and prioritize sexual violence, culminating in only a single final conviction since 2002. Nevertheless, the ICC’s emerging practice shows progress with regard to the conceptual understanding of conflict-related sexual violence and the realization of the Statute’s full potential in ensuring accountability for sexual crimes. Taking into account the evolving jurisprudence, the Article explores the persisting challenges and the perceived gap between aspirations and reality regarding the prosecution of sexual violence at the ICC.
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Yanti, Murni, and Wicipto Setiadi. "OPTIMIZATION OF PROSECUTORS COMMISSIONS SUPERVISORY FUNCTION IN DEALING WITH COMPLAINT ABOUT PROSECUTORS PERFORMANCE." International Journal of Advanced Research 9, no. 06 (June 30, 2021): 503–12. http://dx.doi.org/10.21474/ijar01/13039.
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After about 15 (fifteen) years of its formation, the Prosecutors Commission is deemed not optimal in its performance of duties, especially in dealing with public report or complaint, considering that the provisions of Article 4 item a and b Presidential Regulation on Prosecutors Commission that is the basis for the Prosecutors Commission to perform its duties as set forth in Article 3 Presidential Regulation concerning Prosecutors Commission causes multiple interpretations that, according to the provisions of Article 4 item a in performance of its duties of supervising, monitoring and assessing the performance and behaviors of prosecutors and/or employees of Prosecutor Office, the Prosecutors Commission has the authority to accept and follow up public reports or complaints, the extent of the Prosecutors Commissions authority to follow up public reports or complaints are not clearly regulated. However, according to the provisions of Article 4 item b, it is the Prosecutors Commissions authority to forward public reports or complaints to the Attorney General for follow-up. According to the provisions of Article 10 Presidential Regulation No. 18 of 2011 concerning Prosecutors Commission, the Prosecutors Commission has the right to participate in the hearing of a case which attracts public attention. Therefore, the Prosecutors Commission needs to make efforts to optimize its duties performance in dealing with public complaints, for example, by using the concept of the progressive law theory popularized by Satjipto Raharjo, that in progressive law application, law is not enforced according to the letter, but according to the very meaning of laws or regulations in a broad sense. Similarly, in performance of the Prosecutors Commissions authority in dealing with complaints, in which the authority is deemed to have weaknesses, the Prosecutors Commission cannot perform its functions optimally as an external supervisory agency. All this time, the Prosecutors Commission, in dealing with complaints, only focuses on reviewing the substance of complaint without performing functional supervisory activities such as monitoring, data collection, inspection and review. The reason is since the Prosecutors Commission has not applied the progressive law, while in dealing with public complaints related to cases which attract public attention, the Prosecutors Commission should have the psychology and morality to position itself as the avant-garde in dealing with cases which attract public attention, so as to give justice to the people in dealing with cases transparently and accountably. As a concrete measure of optimizing its duty performance, the Prosecutors Commission has internally amended the Prosecutors Commission regulations which are deemed not conforming to the progressive law, such as the amendment to the provisions of Article 1 point 14 of Prosecutors Commission Regulation number PER-05/KK/04/2012. In addition, the progressive law should be applied to Prosecutors Commissions preventive supervision by participating in the hearing of important cases dealt with by Prosecutors, either directly or by using technology, such as attending a hearing online, thus the presence of the Prosecutors Commission will be felt better, which means that the purpose of the Prosecutors Commission formation as an external supervisory agency for better transparency and accountability is achieved.
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Engle, Karen. "Mapping the Shift: Human Rights and Criminal Law." Proceedings of the ASIL Annual Meeting 112 (2018): 84–85. http://dx.doi.org/10.1017/amp.2019.38.
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In 2015, the Institute for Policy Studies (IPS)—a progressive think tank on U.S. domestic and foreign policy—awarded its annual human rights awards to two criminal lawyers. The domestic award went to Daryl Atkinson, who advocates for the rights of convicted felons. Its international award went to Almudena Bernabeu, for what the IPS called her “successful prosecution of several of the worst Latin American perpetrators of crimes against humanity.” I do not think that the IPS was trying to be balanced by picking a lawyer working on behalf of the rights of the formerly incarcerated, on one hand, and a prosecutor, on the other. Rather, the organization sought to honor those it sees as promoting human rights. In the context of U.S. law, that means fighting for the rights of defendants and the convicted. For international law, it means the opposite.
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Nopriansyah, Chairul. "Juridical Analysis of the Acquittal in a Murder Crime." Journal of World Conference (JWC) 2, no. 3 (May 31, 2020): 29–33. http://dx.doi.org/10.29138/prd.v2i3.239.
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The judge plays an important role in the judiciary because the judge has the authority to examine, hear and decide on a case so that he is obliged to look for values of justice in the application of progressive and responsive laws, so the judge in issuing decisions must pay attention to various considerations. Article 183 of the Criminal Procedure Code contains several elements of judges' considerations when making decisions. In the case of an acquittal, the judge needs carefulness and carefulness to consider so that a matter must be truly convincing. This research is a doctrinal research method that is taking the opinions of experts regarding free decisions and through legal products in the form of legislation and judges' decisions. The conclusion of this paper is First, the basic consideration of the judge in passing a free verdict (vrijspraak) is not fulfilling the minimum limit of evidence by the public prosecutor so that the judge will release the defendant because the evidence that can blame the defendant is insufficient and based on the elaboration of the writer above, the Supreme Court allows legal efforts to overturn an acquittal (vrijspraak) namely an appeal on an acquittal, but not all verdicts requested for appeal are always accepted by the Supreme Court.
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Czermański, Krzysztof. "The creation and organization of Prussian prison in Sztum." Masuro-Warmian Bulletin 291, no. 1 (May 8, 2016): 71–89. http://dx.doi.org/10.51974/kmw-135007.
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In 1911 started a construction of Central and Youth Prison in Sztum (Zentral und Jugendgefängnis) for East and West Prussia. This was the result of efforts of local authorities of the city and a favorable decision of the Prisons Management in Berlin. The construction of prision complex, which consisted of a settlement for prision officials and walled prision buildings with building of prison board, was completed in 1915. The prison was considered to be modern, because of its amiliesion of watter supply, sewerage, central heating and lighting. The right numer of prison cells, created residential pavilion for quarantine purposes, bath, infirmary, class and workshop rooms, provide persons deprived of liberty, not just good social conditions, but also creates opportunities for the educational function of prison. The prision was provided for 400 juvenile criminals. Next to the prison was located a settlement for prision officials amilies, which provided a very good social conditions. Staff consisted of 50 people, headed by a Director. The prison in Sztum was subjected to the prosecutor of the Court of Appeal, and indirectly to the Prison Management in Berlin. It should be noted that the Prussian prison in Sztum was a modern prison facility, well-protected, providing good living conditions to prisoners and adapted to implement cel system already declining and introduced progressive system of serving a penalty in prison.
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Donovan, Brian, and Tori Barnes-Brus. "Narratives of Sexual Consent and Coercion: Forced Prostitution Trials in Progressive-Era New York City." Law & Social Inquiry 36, no. 03 (2011): 597–619. http://dx.doi.org/10.1111/j.1747-4469.2011.01244.x.
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This article analyzes testimony about forced prostitution voiced in New York City's Court of General Sessions from 1908 to 1915. During these years, the problem of coercive prostitution—commonly called “white slavery”—received an unprecedented amount of attention from journalists, politicians, and antivice activists. Drawing from verbatim transcripts of compulsory-prostitution trials, our research examines the relationship between cultural narratives and courtroom storytelling. We show how the white slavery narrative in popular culture oriented prosecutors, defense attorneys, judges, and jurors in prostitution trials. Extending the account of social control in the sociological literature on antivice activism, our analysis shows that the prosecution of forced prostitution was not simply a top-down exercise of juridical power. Using insights from conversation analysis and cultural history, an examination of compulsory-prostitution cases reveals a quadripartite storytelling process where judges and jurors—with different orientations to the white slavery narrative—played a constitutive role in how the defense and prosecution argued their cases.
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Wahyuni, Ajeng Tri. "Toward a Progressive Public Prosecutor's Office: A Study on Investigation, Prosecution and Adjudication of Criminal Acts of Corruption." Indonesia Law Review 4, no. 2 (October 1, 2014): 279. http://dx.doi.org/10.15742/ilrev.v4n2.112.
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Selkur, Rita Dashe. "Prosecution in Criminal Tax Proceeding in Nigeria, Legal Challenges." KAS African Law Study Library - Librairie Africaine d’Etudes Juridiques 6, no. 4 (2019): 523–40. http://dx.doi.org/10.5771/2363-6262-2019-4-523.
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Tax, being a compulsory exertion by government on the citizen, is regulated by statute in which case citizens are to comply with. It is a strict liability offence which if it is demanded that you have not paid, the defence is for you to show you have paid. Be it an individual or corporate body. The concept of prosecution in Taxation in Nigeria is roughly captured by the FIRS ACT for the Federal government and the SIRB Law for the various States, including the TAT ACTS as an undertaking in the progressive development and reform of the substantive and applicable laws in Nigeria to be on the same page with the developed countries. Where there is an offence, the law proscribes for penalty which could be in terms of fines, imprisonment etc. However, some of these offences are sometimes not prosecuted. It is recommended that in order to ensure tax compliance, prosecution of offences should be taken seriously as the outcome of any tax matter affects the behaviour of tax payers wherein, it is taken that the motivation for crime is the criminal’s belief that he can enjoy his loot. I have highlighted the importance and the process in prosecution of Tax offences, the worrying aspect in my humble view in form of the challenges which needs to be considered critically then finally, a pause to rethink and the way forward. Useful materials were gotten from books, journals and the internet.
Dissertations / Theses on the topic "Progressive prosecutor"
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Kott, Alexander John. "The Compromises Progressive Prosecutors Must Make: Three Case Studies." Oberlin College Honors Theses / OhioLINK, 2021. http://rave.ohiolink.edu/etdc/view?acc_num=oberlin1621774926855052.
Full textBooks on the topic "Progressive prosecutor"
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Hamid, Chalid, and Mursitama Tirta N, eds. Toward a progressive public prosecutor's office: A study on investigation, prosecution, and adjudication of criminal acts of corruption. Jakarta: Masyarakat Transparansi Indonesia in cooperation with National Legal Reform Program (NLRP), 2010.
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Kriangsak, Kittichaisaree. Part I Prologue, 1 General Introduction. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198823292.003.0001.
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This chapter introduces the legal concept of the international legal obligation to extradite or prosecute perpetrators of the most serious crimes of international concern, tracing its historical foundation, explaining the codification and progressive development work of the UN International Law Commission on the 1996 Draft Code of Crimes against the Peace and Security of Mankind that has bearings on the concept, and identifying the gap in the existing treaty regime on this obligation. It succinctly analyses the three intertwined alternatives of extradition, prosecution, both by domestic criminal tribunals, and the third alternative of surrendering the perpetrators of such crimes to international criminal tribunals for the purpose of their prosecution.
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Schabas, William A. Prosecuting Crimes against Peace. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198833857.003.0009.
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Within the Allied countries, there is near unanimous support for the view that Germany, led by the Kaiser, started the war. International law is at a turning point, with a growing willingness to consider that provoking a war of aggression is not only contrary to international law, but also a crime for which individuals can be punished. Sessions of the Commission on Responsibilities are the first forum for debates about this question. The British and the French insist upon progressive development of the law, evoking a ‘new justice’, while the Americans insist that new rules cannot be applied retroactively. Compromise is reached on this point with a recommendation by the Commission against prosecution of the Kaiser for starting the war, but at the same time a declaration condemning his conduct.
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Kosstrin, Hannah. Dances of All Nations. Oxford University Press, 2017. http://dx.doi.org/10.1093/acprof:oso/9780199396924.003.0002.
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This chapter argues that Anna Sokolow’s 1930s proletarian and anti-fascist choreographies contributed to an increasingly vibrant conversation with the transnational Left through shared ideologies of egalitarianism and antiracism as they made space for women in these conversations. The chapter discusses a catalog of her work, including Histrionics (1933), Speaker (1935), Four Little Salon Pieces (1936), Strange American Funeral (1935), Case History No.— (1937), Excerpts from a War Poem (F. T. Marinetti) (1937), Façade—Exposizione Italiana (1937), Slaughter of the Innocents (1937), “Filibuster” from The Bourbons Got the Blues (1938), Dance of All Nations (1938), and Sing for Your Supper (1939). These choreographies match the progression of American Communism across the 1930s from early proletarian statements to aligning with the Popular Front against Fascism, and to Jewish–Black alliances across the American Left and leftist cries against the American government as it began to prosecute Communist-affiliated activities.
Book chapters on the topic "Progressive prosecutor"
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Mayeux, Sara. "Free Justice." In Free Justice, 24–56. University of North Carolina Press, 2020. http://dx.doi.org/10.5149/northcarolina/9781469661650.003.0002.
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This chapter describes Progressive Era debates within the legal profession over proposals to establish a “public defender” in the criminal courts—a public official who would represent criminal defendants and counterbalance the public prosecutor. It describes different versions of the public defender idea, as developed by California lawyer Clara Foltz, New York lawyer Mayer Goldman, and the prominent Massachusetts lawyer Reginald Heber Smith, author of Justice and the Poor. Leaders of the bar, often affiliated with corporate law firms, expressed concerns that the public defender represented a step towards socialization of the legal profession. Instead, they preferred to handle indigent defense and other forms of legal aid through private charity. In 1917, New York lawyers rejected proposals for a government-controlled public defender and instead established a criminal branch of the Legal Aid Society.
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"Treatment of War Crimes in Peace Settlements – Prosecution or Amnesty?" In The Progression of International Law, 631–45. Brill | Nijhoff, 2011. http://dx.doi.org/10.1163/9789004219120_026.
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Doherty, Teresa. "The Contribution of Women Judges and Prosecutors to the Development of International Criminal Law." In Identity and Diversity on the International Bench, 355–65. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198870753.003.0017.
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Few female judges were appointed to the benches of the International Criminal Tribunal for the Former Yugoslavia (ICTY), the International Criminal Tribunal for Rwanda (ICTR), and Special Court for Sierra Leone. Nevertheless, those appointments resulted in an active contribution of these women judges to the development of international criminal law, as is shown in the jurisprudence. Judges give judgement on the evidence, facts, and law before them, but women judges have been noted for advancing the existing law through broad interpretation. With the appointment of women investigators and prosecutors, more prosecutions for crimes of sexual violence followed. This is important as it progressively developed a field of law that had until then not, or only in a more limited manner, been adjudicated upon before international courts.
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Mansfield, Nick. "Overseas Military Adventurers, 1770–1861." In Soldiers as Citizens, 122–50. Liverpool University Press, 2019. http://dx.doi.org/10.3828/liverpool/9781789620863.003.0006.
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This chapter covers largely forgotten overseas military adventurers, who served in private armies between 1815 and 1860. They were mainly contracted as mercenaries by liberal or nationalist revolutionaries in South America and parts of Southern Europe. Given the intense government prosecution of radicalism in the post Waterloo period and the failure of potential or actual insurrection, some ex-soldiers went overseas to avoid persecution. The complex wars of liberation, particularly in South America, enabled these men to pursue their old trade whilst serving a progressive cause. The careers of both officers and rankers are analysed in the Americas, Greece, Spain, Portugal and Italy, with an assessment of their commitment to political radicalism. A special study is made of the largest group – the British Auxiliary Legion, 1835-8 - raised by the threatened Spanish liberal government.
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Saleh, Fadi. "Resettlement as Securitization." In Queer and Trans Migrations, 74–89. University of Illinois Press, 2020. http://dx.doi.org/10.5622/illinois/9780252043314.003.0006.
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This first-person activist reflection discusses the author’s experience immigrating to Canada as a queer AIDS activist. The author situates his experience navigating HIV-positive-exclusionary immigration policies where the only avenue for immigrating while HIV-positive is through gay marriage. Canada maintains a draconian set of discriminatory laws regarding the so-called “excessive demand” HIV-positive immigrants put on the publicly funded health care system in Canada. This piece briefly looks at the history of HIV travel and immigration bans as well as proposed HIV quarantine legislation across Canada. While Canada is often regarded as more progressive than the United States in many ways, its HIV immigration ban and high prosecution and conviction rate for HIV nondisclosure make Canada one of the most legally precarious countries for HIV-positive people in the west.
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"The Progression of International Law in Fostering the Extraterritorial Prosecution of Child Sex Tourist Offences." In International Law and Changing Perceptions of Security, 106–15. Brill | Nijhoff, 2014. http://dx.doi.org/10.1163/9789004274587_008.
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Syrett, Nicholas L. "I Did and I Don’t Regret It." In American Child Bride. University of North Carolina Press, 2016. http://dx.doi.org/10.5149/northcarolina/9781469629537.003.0007.
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As reformers and lawmakers raised the age of consent to marriage and made it more difficult for minors to become husbands and wives, young people reacted by marrying extralegally. From the late nineteenth century through the first three decades of the twentieth, the rates of minor marriage increased, in part, this chapter argues, because marriage became one way of legaly claiming freedom and independence from parents. Marriage emancipated children, it let them escape from abusive homes, keep their wages or inheritances, and have sex without being prosecuted under newly passed statutory rape laws. It allowed them to contest their status as children, itself newly enshrined in the law in a whole host of Progressive Era reforms targeting childhod and adolescence. At the same time the legal device of marriage could also trap girls in abusive and exploitative relationships where they had little recourse to legal protection.
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Tan, Olivia Swee Leng, Rossanne Gale Vergara, Raphael C. W. Phan, Shereen Khan, and Nasreen Khan. "Cybersecurity Laws in Malaysia." In Encyclopedia of Criminal Activities and the Deep Web, 435–48. IGI Global, 2020. http://dx.doi.org/10.4018/978-1-5225-9715-5.ch030.
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The progression of information and communication technologies (ICT) use have been matched by the rise in corruption and abuse of technology for criminal activities. In 2018, The Malaysia Computer Emergency Response Team reported 10,699 incidents, of which “fraud” had the highest reported incidents (5,123) and the second highest “intrusion attempt” (1,805) of the total incidents. Malaysia cyber laws have existed since 1997 and are still used today to prosecute cybercrimes. Most recent cases were charged under Malaysian laws—Computer Crimes Act 1997, Copyright (Amendment) Act 1997, Communications and Multimedia Act 1998, Personal Data Protection Act 2010, and Malaysian Penal Code—to combat cybercrimes. This chapter discusses Malaysia's cyber laws, cases charged under these laws, and their relevance to combating cybercrimes in Malaysia.