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Articoli di riviste sul tema "Criminal justice"

Autore: Grafiati

Pubblicato: 4 giugno 2021

Ultima modifica: 21 dicembre 2024

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1

Lazareva, V. A. "Criminal procedure ≠ criminal justice". Juridical Journal of Samara University 9, n. 3 (10 ottobre 2023): 11–17. http://dx.doi.org/10.18287/2542-047x-2023-9-3-11-17.

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The article deals with current problems and possible options for the further development of criminal procedure law on the basis of an analysis of unity, differences and the ratio of pretrial and judicial stages of proceedings in a criminal case. Examining in historical context such categories as the purpose, tasks and destination of criminal procedure, the author comes to the conviction of the fallacy of the identification of the concepts of criminal procedure and criminal justice that has become familiar. Based on the functional purpose of the main (authority) subjects of criminal procedure, the forms of their interaction, the ratio of pretrial and judicial proceedings are determined. The conclusion is formulated on the need to move to differentiated regulation of the pretrial stage of the criminal process as a sphere of activity of the bodies of accusatory power (preliminary investigation) and judicial stages as an area of functioning of the judiciary. Awareness of the difference in goals and objectives solved during criminal proceedings by subjects of the prosecution and judicial authorities allows us to hypothesize about the need to differentiate the principles of criminal procedure in relation to each of its two parts. The proposed idea should help to solve the most significant problems of criminal procedure law.

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2

Lazareva, Valentina. "Criminal procedure ≠ criminal justice". Juridical Sciences and Education 74, n. 74 (1 aprile 2024): 139–49. http://dx.doi.org/10.25108/2304-1730-1749.iolr.2024.74.139-149.

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Abstract (sommario):

The article deals with current problems and possible options for the further development of criminal procedure law on the basis of an analysis of unity, differences and the ratio of pretrial and judicial stages of proceedings in a criminal case. Examining in historical context such categories as the purpose, tasks and destination of criminal procedure, the author comes to the conviction of the fallacy of the identification of the concepts of criminal procedure and criminal justice that has become familiar. Based on the functional purpose of the main (authority) subjects of criminal procedure, the forms of their interaction, the ratio of pretrial and judicial proceedings are determined. The conclusion is formulated on the need to move to differentiated regulation of the pretrial stage of the criminal process as a sphere of activity of the bodies of accusatory power (preliminary investigation) and judicial stages as an area of functioning of the judiciary. Awareness of the difference in goals and objectives solved during criminal proceedings by subjects of the prosecution and judicial authorities allows us to hypothesize about the need to differentiate the principles of criminal procedure in relation to each of its two parts. The proposed idea should help to solve the most significant problems of criminal procedure law.

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3

Barter, S. J. "CRIMINAL JUSTICE". British Journal of Social Work 26, n. 3 (1 giugno 1996): 413–16. http://dx.doi.org/10.1093/oxfordjournals.bjsw.a011105.

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4

BARTER-DAWE, S. "CRIMINAL JUSTICE". British Journal of Social Work 29, n. 2 (1 aprile 1999): 321–27. http://dx.doi.org/10.1093/oxfordjournals.bjsw.a011449.

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5

Marenin, Otwin, e John Worrall. "Criminal justice". Journal of Criminal Justice 26, n. 6 (novembre 1998): 465–80. http://dx.doi.org/10.1016/s0047-2352(98)00025-7.

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6

Singh, Pradeep Kumar. "Plea Bargaining and Criminal Justice in India". ATHENS JOURNAL OF LAW 7, n. 1 (31 dicembre 2020): 32–52. http://dx.doi.org/10.30958/ajl.7-1-2.

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Abstract (sommario):

Crime, criminals and criminality have always been serious concern for society, state and individuals. Individuals formed society to have protection for his life, property and liberty. Society to bear such liabilities created state which ultimately developed criminal justice system. Hereby, criminal justice system is developed for providing protection to life, liberty and property of individual but in developmental process individual for whose protection criminal justice system was developed, became neglected. Traditionally criminal justice system attempts to protect accused and his interests. Recently demands are made for justice to individual victim who is actual sufferer of crime commission. Recently some measures are created for providing justice to individual victim. Such measures are in process of development, and thereby, for effective justice measure development to provide justice to victim there is a need to make continuous review. Plea bargaining is one such measure recently included in Indian criminal justice system to provide justice to victim. This paper analyses plea bargaining in reference to providing of justice to victim in India. Keywords: Compensation; Criminal justice; Habitual criminal; Plea bargaining; Restorative justice; Sentence; Victim.

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7

Sarwadi, Sarwadi, e Bambang Tri Bawono. "Restorative Justice Approach in Diversion System for Settlement of Criminal Cases for Children in Indonesia". Jurnal Daulat Hukum 3, n. 4 (17 gennaio 2021): 396. http://dx.doi.org/10.30659/jdh.v3i4.13145.

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This article aims to find out the general concept of restorative justice for children and to analyze the concept of restorative justice through the diversion system in Act No. 11 of 2012 concerning the Juvenile Criminal Justice System for the settlement of child criminal cases in Indonesia. In certain cases, children who are perpetrators of criminal acts are of particular concern to law enforcement officials. Therefore, various efforts to prevent and overcome children in conflict with the law need to be carried out immediately. Efforts to prevent and overcome children in conflict with the law today are through the implementation of a juvenile criminal justice system. To carry out guidance and provide protection for children, support is needed, both concerning institutions and more adequate legal instruments. One solution that can be taken in solving cases of juvenile crime is a diversion system. Diversion is not a peaceful effort but a form of punishment against children who are in conflict with the law in an informal way. Diversion is carried out to provide protection and rehabilitation to perpetrators in an effort to prevent children from becoming adult criminals. Diversion of child perpetrators of criminal acts is carried out by the three components of the criminal justice system in Indonesia, from the police, prosecutors to courts. Diversion is carried out to provide protection and rehabilitation to perpetrators in an effort to prevent children from becoming adult criminals. Diversion of child perpetrators of criminal acts is carried out by the three components of the criminal justice system in Indonesia, from the police, prosecutors to courts. Diversion is carried out to provide protection and rehabilitation to perpetrators in an effort to prevent children from becoming adult criminals. Diversion of child perpetrators of criminal acts is carried out by the three components of the criminal justice system in Indonesia, from the police, prosecutors to courts.

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8

Thomi Rizqullah Habibi, Rangga Jayanuarto, Sinung Mufti Hangabei, Mikho Ardinata e Ahmad Dasan. "URGENSI KONSEP RESTORATIVE JUSTICE DALAM KESEIMBANGAN KEADILAN BAGI PELAKU DAN KORBAN". Journal Scientia Iustitiae 1, n. 1 (4 marzo 2023): 58–66. http://dx.doi.org/10.36085/jsi.v1i1.4864.

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One way of handling criminal cases involving the community, victims of crime and perpetrators is through restorative justice, which aims to provide justice for all parties in order to restore the situation before the crime and prevent future crimes. Restorative justice is based on the premise that the criminal justice system does not seem to have a deterrent effect on offenders. As a result, prisons have become overcrowded, leading to many illicit activities taking place there. Not to mention the fact that there are more prison guards than inmates. In addition, prisons serve as a learning environment for criminals to experiment with different offenses. Even if the criminals responsible for the crime have been found guilty, the interests of the victims remain unfulfilled. However, restorative justice cannot be used in every criminal case. Criminal cases can only be handled through restorative justice if specific requirements are met.

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9

Magliveras, Konstantinos D. "Substituting International Criminal Justice for an African Criminal Justice?" International Organizations Law Review 14, n. 2 (5 dicembre 2017): 291–320. http://dx.doi.org/10.1163/15723747-01402003.

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This article examines the reasons and the grounds behind the antiparathesis between the African Union and several of its Member States, on the one hand, and international criminal justice and the International Criminal Court (‘icc’), on the other hand. It also examines the consequences of and responses to this antiparathesis, including the creation of an International Criminal Law Section to the African Court of Justice and Human Rights and questions whether it offers any added value. The article concludes with suggesting the setting up of icc regional/circuit chambers, each dealing with a specific continent/region, as a means to restructure the icc, to make it more relevant to its users, namely the contracting parties to the Rome Statute, and to allay fears of politically motivated prosecutions.

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10

Ponomarev, Nikolay S. "Criminal Justice is Restorative Justice". Justice of the peace 2 (18 gennaio 2024): 2–8. http://dx.doi.org/10.18572/2072-4152-2024-2-2-8.

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The article examines some judicial, criminal law and criminal procedure views of Prof. V.V. Doroshkov as presented in his monograph “Criminal Justice in the Conditions of Metamodernism and Moderate Conservatism”.

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11

Brydensholt, Hans Henrik. "Restorative justice and criminal justice". Criminal Law Forum 17, n. 1 (marzo 2006): 113–19. http://dx.doi.org/10.1007/s10609-006-9002-9.

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12

Aditama, Ryan, e Novia Yolanda. "Penerapan Restorative Justice pada Peradilan Pidana Anak Terkait Pembaharuan Hukum Pidana di Indonesia". Wajah Hukum 4, n. 2 (19 ottobre 2020): 483. http://dx.doi.org/10.33087/wjh.v4i2.213.

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The foundation behind the concept of restorative justice is part of an approach that focuses on situations where in order to create justice and even balance the perpetrators who commit criminal acts, and also for the rights of victims. Procedures and procedures as well as criminal proceedings that lead to the principle of criminalization are changed to a process of family conversation and mediation in order to create an agreement and to resolve the criminal case which leads to crime and will be equal for the victim and the perpetrator of the crime The concept of restorative justice in itself has a meaning where justice will be repaired, and restoration here has a broader meaning to what is known in conventional criminal justice processes or in general that has been applicable so far with the existence of restitution or commonly referred to as compensation for victims. This restorative justiche concept, if included in a system in juvenile criminal justice, is considered well for its application, because restorative justiche is useful in order to prevent children from facing the criminal system and will be replaced in the guidance pattern for the child.

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13

Vishwakarma, Shalinee. "scope of changes in the criminal law system in India". Linguistics and Culture Review 5, S4 (21 dicembre 2021): 2457–69. http://dx.doi.org/10.21744/lingcure.v5ns4.2029.

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The criminal justice system is an idea founded on judicial principles and constitutionalism. It includes the interaction of many institutions and remedies. An effective criminal justice system is essential for an orderly society and the protection of human rights. However, quite different from this ideology, Indian criminal justice faces many complications such as soaring crime rates, outdated laws, late proceedings, inefficient law enforcement agencies. to name a few. The criminal justice system urgently needs reform measures, based on natural justice and human rights, to rejuvenate the system. These minimal but essential measures include consistent reform of the criminal law, fostering and building trust in a skeptical justice system, curbing abuses of power by the police system, and obvious measures. of the welfare state and it is the moral duty of every citizen of India to obey and respect criminals. judicial system.

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14

Kallahakalu Vijay Dev, Deepthi. "Securing Justice: Enhancing Cybersecurity in the Criminal Justice System". International Journal of Science and Research (IJSR) 13, n. 8 (5 agosto 2024): 394–98. http://dx.doi.org/10.21275/sr24803042007.

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15

Hamzah, Hasrul, e Elfrida Ratnawati Gultom. "PELAKSANAAN RESTORATIVE JUSTISE, DIVERSI DAN ULTIMUM REMIDUM DALAM SISTEM PERADILAN PIDANA ANAK DI INDONESIA". Ensiklopedia Education Review 6, n. 2 (12 agosto 2024): 83–88. http://dx.doi.org/10.33559/eer.v6i2.2579.

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The juvenile justice system in Indonesia is still weak, resulting in misuse of the law in enforcing criminal law, especially against children. The justice system provides protection for juveniles who commit offenses. This research aims to examine restorative justice media, diversion and ultimum remedium in the application of criminal justice to juvenile crimes. Descriptive normative legal research is used in this lesson. examine laws relating to the juvenile justice system. This fundamental transformation involves the implementation of restorative justice through a diversion program. The success of diversion is determined by positive subjective will and the fulfillment of conditions. The use of Ultimum Remedium can take into account the interests of criminals. The obstacle to implementing Ultimum remedium, if the act to the interests of the state or the people, then criminal sanctions will be the main pain (primum remedium).Keywords: Restorative Justice, Diversion, Ultimum Remedium, Juvenile Criminal Justice System

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16

Gröning, Linda. "Advancing knowledge about criminal justice and mental health". Open Access Government 44, n. 1 (8 ottobre 2024): 328–29. http://dx.doi.org/10.56367/oag-044-11623.

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Advancing knowledge about criminal justice and mental health Researchers with expertise in criminal law, philosophy, psychiatry and psychology are combining their knowledge to explore how mental disorders are approached within criminal law and contribute to better legal and forensic practices. Current criminal justice systems are based on the premise that human beings are responsible agents that can be held accountable for their actions. However, most criminal justice systems have legal doctrines recognising that there are exceptions when an individual should not be considered criminally accountable. A ubiquitous practice is that children under the minimum age of criminal responsibility are not subject to punishment. Similarly, most countries limit criminal responsibility for offenders with mental disorders and disabilities. However, the question of who should be held criminally accountable and who should not is highly controversial, and a subject of debate. The same applies to what role psychological and psychiatric experts should have in criminal proceedings.

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17

Hatt, Ken. "Canadian Criminal Justice". Canadian Journal of Criminology 34, n. 1 (gennaio 1992): 95–97. http://dx.doi.org/10.3138/cjcrim.34.1.95.

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18

Shearing, Clifford D. "Privatizing Criminal Justice". Canadian Journal of Criminology 34, n. 1 (gennaio 1992): 107–10. http://dx.doi.org/10.3138/cjcrim.34.1.107.

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19

Maxim, Paul S., Curt T. Griffiths e Simon N. Verdun-Jones. "Canadian Criminal Justice." Contemporary Sociology 19, n. 4 (luglio 1990): 587. http://dx.doi.org/10.2307/2072835.

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20

O'Donnell, Ian, e David Downes. "Unravelling Criminal Justice". British Journal of Sociology 46, n. 1 (marzo 1995): 147. http://dx.doi.org/10.2307/591633.

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21

Bierschbach, Richard, e Stephanos Bibas. "Rationing Criminal Justice". Michigan Law Review, n. 116.2 (2017): 187. http://dx.doi.org/10.36644/mlr.116.2.rationing.

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Of the many diagnoses of American criminal justice’s ills, few focus on externalities. Yet American criminal justice systematically overpunishes in large part because few mechanisms exist to force consideration of the full social costs of criminal justice interventions. Actors often lack good information or incentives to minimize the harms they impose. Part of the problem is structural: criminal justice is fragmented vertically among governments, horizontally among agencies, and individually among self-interested actors. Part is a matter of focus: doctrinally and pragmatically, actors overwhelmingly view each case as an isolated, short-term transaction to the exclusion of broader, long-term, and aggregate effects. Treating punishment like other public-law problems of regulation suggests various regulatory tools as potential solutions, such as cost-benefit analysis, devolution, pricing, and caps. As these tools highlight, scarcity often works not as a bug but as a design feature. Criminal justice’s distinctive intangible values, politics, distributional concerns, and localism complicate the picture. But more direct engagement with how best to ration criminal justice could help to end the correctional free lunch at the all-you-can-eat buffet and put the bloated American carceral state on the diet it needs.

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22

Bell, Sandra J., e Roger Matthews. "Privatizing Criminal Justice". Canadian Journal of Sociology / Cahiers canadiens de sociologie 17, n. 4 (1992): 456. http://dx.doi.org/10.2307/3341224.

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23

Kelly, Erin I. "Rethinking Criminal Justice". Res Philosophica 97, n. 2 (2020): 169–83. http://dx.doi.org/10.11612/resphil.1900.

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24

Bain, Bryonn. "Africana Criminal Justice". Souls 5, n. 4 (dicembre 2003): 6–21. http://dx.doi.org/10.1080//10999940390463301.

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25

Jeet, Chandra. "International Criminal Justice". International Studies 44, n. 3 (luglio 2007): 253–63. http://dx.doi.org/10.1177/002088170704400304.

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26

Krause, Thomas. "Criminal Justice History". Rechtsgeschichte - Legal History 2005, n. 06 (2005): 181–90. http://dx.doi.org/10.12946/rg06/181-190.

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27

Goldman, Jason G., e Melinda Wenner Moyer. "Tomorrow's Criminal Justice". Scientific American Mind 28, n. 1 (8 dicembre 2016): 14–15. http://dx.doi.org/10.1038/scientificamericanmind0117-14.

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28

Judah, Eleanor. "Rethinking Criminal Justice:". Journal of Religion & Spirituality in Social Work 23, n. 1/2 (8 marzo 2004): 1–6. http://dx.doi.org/10.1300/j377v23n01_01.

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29

Gubanski, Jakub. "Comparative criminal justice". Crime, Law and Social Change 41, n. 1 (febbraio 2004): 15–32. http://dx.doi.org/10.1023/b:cris.0000015304.50156.d2.

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30

Malone, David M. "International Criminal Justice". International Journal: Canada's Journal of Global Policy Analysis 63, n. 3 (settembre 2008): 729–41. http://dx.doi.org/10.1177/002070200806300318.

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31

JONES, CAROL. "AUDITING CRIMINAL JUSTICE". British Journal of Criminology 33, n. 2 (1993): 187–202. http://dx.doi.org/10.1093/oxfordjournals.bjc.a048296.

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32

Hamai, Koichi, e Thomas Ellis. "Japanese criminal justice". Punishment & Society 10, n. 1 (gennaio 2008): 25–46. http://dx.doi.org/10.1177/1462474507084196.

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33

Rodriguez, Lisa. "Criminal Justice Realignment". Federal Sentencing Reporter 25, n. 4 (febbraio 2013): 220–25. http://dx.doi.org/10.1525/fsr.2013.25.4.220.

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34

Barrera, Dan Jerome S. "Narrative criminal justice". International Journal of Law, Crime and Justice 58 (settembre 2019): 35–43. http://dx.doi.org/10.1016/j.ijlcj.2019.06.004.

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35

Mauer, Marc, e Paul Hahn. "Emerging Criminal Justice". Contemporary Sociology 27, n. 5 (settembre 1998): 526. http://dx.doi.org/10.2307/2654534.

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36

Nelken, David. "Comparative Criminal Justice". European Journal of Criminology 6, n. 4 (28 maggio 2009): 291–311. http://dx.doi.org/10.1177/1477370809104684.

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37

Garrett, Brandon L. "Blinded criminal justice". Journal of Applied Research in Memory and Cognition 2, n. 1 (marzo 2013): 73–75. http://dx.doi.org/10.1016/j.jarmac.2013.01.003.

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38

Clausmeier, Dirk. "Child criminal justice". Criminal Law Forum 18, n. 1 (8 maggio 2007): 171–73. http://dx.doi.org/10.1007/s10609-007-9028-7.

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39

Durham, Alexis M. "Teaching Criminal Justice". Law & Society Review 21, n. 5 (1988): 829–34. http://dx.doi.org/10.1017/s0023921600028139.

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40

Athiban, K. S., e P. M. S. Sundaram. "Reorienting criminal justice". Social Change 21, n. 4 (dicembre 1991): 77–91. http://dx.doi.org/10.1177/0049085719910408.

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41

Tsoudis, Olga. "Does majoring in criminal justice affect perceptions of criminal justice". Journal of Criminal Justice Education 11, n. 2 (novembre 2000): 225–36. http://dx.doi.org/10.1080/10511250000084881.

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42

Fabianic, David. "Publication productivity of criminal justice faculty in criminal justice journals". Journal of Criminal Justice 30, n. 6 (novembre 2002): 549–58. http://dx.doi.org/10.1016/s0047-2352(02)00176-9.

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43

Kim, Han-Kyun. "Digitalization of the Criminal Procedure and Criminal Justice Data". Korean Association of Criminal Procedure Law 14, n. 4 (31 dicembre 2022): 1–29. http://dx.doi.org/10.34222/kdps.2022.14.4.1.

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Abstract (sommario):

This essay aims to review the criminal justice data from the point of digitalization of the criminal justice process and electronic criminal trial, which is to be put into practice by the year of 2024. The Act on Promotion of the Digitalization of the Criminal Justice System of 2010, amended in 2021 has been enacted to achieve promptness, fairness and transparency in a criminal justice procedure by promoting the digitalization of the criminal justice procedure and to contribute to the extension of citizens’ rights and interests by improving services to citizens in the area of criminal justice. In related to the 2020 Act, the new Act on the Use of Electronic Documents in the Criminal Justice System of 2021 was enacted to implement electronic criminal trial. The term “criminal justice information” means any information that is generated, acquired, or managed by a criminal justice agency through a criminal justice information system in relation to the conduct of criminal justice affairs, and that is expressed in the form of codes, letters, voice, sound, images by means of electronic processing, and the term “criminal justice information system” means an electronic management system built on combining hardware, software, databases, networks, security components, etc. for the use by a criminal justice agency to generate, acquire, store, transmit, or receive criminal justice information. When the criminal justice information are digitalized, they will be “Criminal Justice Data”, which will be the basis of digital criminal justice. For the digitalization of criminal justice process, criminal justice agencies have both duty to cooperate for stable operation of systems, and duty to cooperate in joint use of information. The keys to the successful implementation of digital criminal justice system and the development of the future electronic criminal trial are the organization of cooperative system for the Criminal Justice Information System, and the promotion of attentionability to human rights and security in the matters of criminal justice data.

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ASHWORTH, ANDREW. "CRIMINAL JUSTICE AND THE CRIMINAL PROCESS". British Journal of Criminology 28, n. 2 (1988): 111–23. http://dx.doi.org/10.1093/oxfordjournals.bjc.a047720.

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45

Puspitosari, Hervina, e Bintara Sura Priambada. "Victim Impact Statement Model in Criminal Justice System in Restorative Justice Perspective". SHS Web of Conferences 54 (2018): 07006. http://dx.doi.org/10.1051/shsconf/20185407006.

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Abstract (sommario):

Practice of restorative justice is the handling of criminal acts that are not only seen from the perspective of the law, but also related to moral, social, economic, religious and customary aspects. Local customs, as well as various other restorative considerations will deal with the perpetrators, victims, and stakeholders in the community, in collective problem solving, the purpose of which is to repair damage, restore the quality of relationships and facilitate the reintegration of the parties involved and related. This study uses research methods with a normative juridical research approach. Restorative Justice, namely the punishment imposed by the court is a punishment aimed at maximizing the condition of the victim as before the criminal incident befell the victim. The issue of justice and respect for human rights does not only apply to criminals but also victims of crime who must get a sense of justice so that the objective of the criminal justice system can be achieved with a sense of justice for the victims and perpetrators. It is very important to immediately make efforts to reform the criminal law that puts forward the substantial justice of victims and perpetrators.

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46

Asli, M. R. "Digital Trends of Criminology and Criminal Justice of the 21st Century". Journal of Digital Technologies and Law 1, n. 1 (15 marzo 2023): 235–50. http://dx.doi.org/10.21202/jdtl.2023.9.

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Objective: to define the key trends in the development of criminology and criminal justice under significant broadening of digitalization and using modern technologies.Methods: the priority of analytical method combined with descriptive method provided an optimal set of tools for searching and revealing the main digital trends in the development of criminology and criminal justice in the 21st century.Results: the growing dependence was revealed between criminal-legal science and digital technologies, which leads to the change in essence and types of contemporary criminality, models of criminals’ behavior, methods and mechanism of crime control and prevention in the light of requirements of criminal policy and justice. The dual role of the global digitalization trend is highlighted, the achievements of which are used both by the agencies of criminal justice system (in particular, for crime control, management and prevention) and criminals when implementing their criminal intents. It was determined that the essential transformation of criminology and criminal justice is largely caused by a dramatic development of digitalization in the 21st century, as well as by the modern technologies created on its basis, which appear to be more effective than the standard methods of traditional criminology, including quantitative and qualitative estimations, observation, interviews, polls, etc.Scientiﬁc novelty: new spheres of criminal-legal knowledge are introduced, as well as the corresponding disciplines formed exclusively under the influence of digitalization, such as cyber criminology and cyber victimology; algorithmic (computational) criminology, based on actuarial justice and the theory of risks, is highlighted as the most recent trend in criminological science.Practical signiﬁcance: the account of trends and positive experience gained in the sphere of digitalization determines the successful solution of the tasks associated with crime counteraction, transformation of approaches to the content, goals and methodology of applied criminology and criminal justice. The global megatrend of digitalization essentially changes the appearance of the criminal-legal science, sets the new theoretical and applied directions of its development. Timely upgrade and adaptation of knowledge, skills and capabilities in compliance with the achievements of digitalization will allow criminology and criminal justice to correspond to the tasks of the new millennium.

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Geng, Zhimin. "An exploration of selective justice in the International Criminal Court". SHS Web of Conferences 178 (2023): 02019. http://dx.doi.org/10.1051/shsconf/202317802019.

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Abstract (sommario):

With the development of history, human society has experienced the development stage from disorder to law, from domestic law to international law. International law came into being and developed in the context of increasing exchanges between states. International criminal law has emerged and developed in modern times on the basis of the continuous development of international law. The International Criminal Court is also a form of international legal system that has emerged when human society has developed to a certain stage.To punish international criminal criminals more effectively through the trial of the International Criminal Court, to stop, prevent or deter the occurrence of international criminal crimes and potential international criminal criminals is an inevitable historical product of the development of human society to a certain stage, and it is a milestone progress. The International Criminal Court has played a positive role in the protection of human rights in all countries, especially in developing countries. Based on the principle of complementary jurisdiction, the jurisdiction of the International Criminal Court encompasses a set of jurisdictional principles, conditions and procedures to ensure the legality and impartiality of its exercise. These principles, conditions and procedures of jurisdiction have certain particularity. Since the establishment of the International Criminal Court, there has been a problem of selective justice, so this paper tries to discuss the meaning of selective justice in the International Criminal Court, the development of selective justice in the International Criminal Court and the influencing factors of selective justice in the International Criminal Court.

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48

Shapland, Joanna, Anne Atkinson, Helen Atkinson, Emily Colledge, James Dignan, Marie Howes, Jennifer Johnstone, Gwen Robinson e Angela Sorsby. "Situating restorative justice within criminal justice". Theoretical Criminology 10, n. 4 (novembre 2006): 505–32. http://dx.doi.org/10.1177/1362480606068876.

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49

Nugraha, Nugraha, e Sukarmi Sukarmi. "Restorative justice in Settlement of Criminal Action of Grievant Delicion". Law Development Journal 2, n. 4 (14 febbraio 2021): 549. http://dx.doi.org/10.30659/ldj.2.4.549-556.

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Abstract (sommario):

The objectives of this research are: To find out and analyze Restorative justice in the criminal law system in Indonesia. To find out and analyze the implementation of Restorative justice in the settlement of criminal complaints offenses. To find out and analyze the constraints on the implementation of Restorative justice in the settlement of criminal offenses complaints and their solutions.The method used by researchers isjuridical empirical legal approach and the specification in this research is including analytical descriptive. Based on the results of that research Restorative justice in the criminal law system in Indonesia, namely focusing on the needs of both victims and perpetrators of crimes. In addition, the Restorative justice approach helps criminals to avoid other crimes in the future. The implementation of Restorative justice in the settlement of criminal cases of complaint offenses at the Cirebon City Police using a retributive approach (retaliation) can shift to a restorative approach (recovery). The obstacle: The investigative authority granted by the Criminal Procedure Code. In the Criminal Procedure Code, investigators are given the authority to stop an investigation on the basis of the consideration that it is not a criminal act, insufficient evidence as a criminal act, and for the sake of the law. KUHAP regulates the withdrawal of reports or complaints only for certain cases, namely those which constitute offenses for complaints. The solution: In accordance with social jurispurdence theory. Propose to the highest leadership to formulate definite rules or organizational mission and the purpose of establishing a system (legalization) for the application of Restorative justice. Outreach to the community.

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50

Steffen, Jason R. "Moral Cognition in Criminal Punishment". British Journal of American Legal Studies 9, n. 1 (29 maggio 2020): 143–79. http://dx.doi.org/10.2478/bjals-2020-0002.

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Abstract (sommario):

AbstractScholars often appeal to Kant in defending a retributivist view of criminal punishment. In this paper, I join other scholars in rejecting this interpretation as insufficiently attentive to Kant's wider theory of justice, particularly as found in the Rechtslehre, a section of the Metaphysics of Morals. I then turn to the Tugendlehre, where I examine analogies between Kant's treatments of morality and justice. In particular, I argue that Kant's own views about conscience and moral cognition should cause us to rethink the importance of lex talionis (an integral retributive principle) in the criminal justice system, and to adopt a more merciful attitude toward punishable criminals than we might otherwise be inclined to do. I end with a few policy proposals aimed at encouraging such moral cognition in contemporary Anglo-American criminal justice systems

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