Gotowa bibliografia na temat „Criminal Justice Commission”

The Criminal Justice System represents the cutting edge of governance. Towering over society, it parades an array of institutions, processes, people, and penalties to reinforce its images. This array includes policemen in uniform, constables with batons or lathis, the police station, courts, jail, bail, sentence, prisons, imprisonment, death row, the gallows, hanging and death. Each of these institutions and processes is part of the Criminal Justice System and yet partly autonomous within it. But a matter of great concern is that there arise multiple questions about whether these institutions are working/functioning properly within their ambit or not. Is there lack of implementation of provisions of criminal law by the enforcing agencies? Whether the recommendations of law commissions are adequately implemented? Whether the Malimath Committee’s Report on Criminal Law Reforms are being adequately addressed and enforced. Is adversarial system of criminal justice in India suitable in the present-day context, or it is high time to accept few principles of inquisitorial system of justice as it is prevailing in common law countries. With these few questions, in the present paper, the researchers have made an attempt to introduce our criminal justice system. The researchers further focuses on reforms recommended by the Law Commission. Finally, the researchers have suggested some important changes/modifications required in the prevailing criminal justice system in India to make it more streamlined and strengthened. Key Words: Criminal Justice System, Adversarial, Inquisitorial, Malimath Committee, Law Commission, Human Rights, Courts, Police, Bail etc.

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.

Queensland's Fitzgerald Inquiry was expected to last six weeks. It ran for two years (1987–1989). The inquiry was established to look at suspected police misconduct. It ended up exposing vertical corruption and widespread abuse of power in the Police Force; a less than arms-length relationship between police and the National Party government which contributed to the lack of effective police accountability processes; other official misconduct by non-police public servants; and political dishonesty and corruption.

This article considers the basis upon which a person should be held to be criminally liable, and to do so, it is necessary to examine the leading theories of character and choice that underpin the State holding a person to be culpable of a criminal offence, i.e. the link between culpability and fault. The case of R v Kingston1 is used to examine the application of these leading theories and it is observed that choice theorists would not excuse such a defendant from criminal liability even though his capacity to make a choice to refrain from law breaking was made extremely difficult by external factors beyond his control. Only character theory could possibly offer exculpation in such circumstances on the basis that the defendant acted ‘out of character’ and his deed did not deserve the full censure and punishment of the criminal law. The Court of Appeal in R v Kingston would have been prepared to excuse, but the House of Lords, and most recently the Law Commission have adopted a pragmatic approach to the involuntarily intoxicated offender. This case serves as a reminder that while justice is the aim of the criminal justice system, it is not an absolute standard.

Criminal Justice System in eradication corruption is spesialisation in around General Trial, not yet the same as Usually Criminal Justice System. It’s not integrated like normal criminal justice system, because each other institution work in criminal justice system itself so appearance the fragmentaris and egosectoral.The regulating in Law is criminal justice systemsin eradication corruption emplacedCorruption Eradication Commission ( KPK) as coordinator, supervision, trigger mechanism institution besides as investigators and prosecutor corruption.

This thesis examines the history of the Greater Dallas Crime Commission and its effectiveness within the criminal justice system. It is a private agency established fifty (50) years ago to monitor and investigate the criminal justice system. Today, it serves as a source of funding for criminal justice agencies, provides awards and recognition forums for law enforcement and lobbies for legal revisions of the criminal code. The research is designed to examine their role within the criminal justice system. Whether current crime theories are supported by the commission is central to the thesis. There are no prior studies available of crime commissions perhaps because they are privately funded and operated by civilians. Crime commissions do exert influence, politically and financially, upon law enforcement. It is reflected often in their history. The extent of this effect is the subject of the paper. To this end, the commission's role in changing state laws, providing funds for police training, recognizing prosecutors and paying awards to informants lends credibility to their role in the criminal justice system. Their function has often changed during the fifty-year history. If there is a deficit, it may be that the commission has the capability, through its sphere of influence, of encouraging civilian actions that may conflict with law enforcement policy. Some examples of these are included in the study.

This thesis traces the Fitzgerald Inquiry from its embryo stage, when public pressure forced its establishment after a Four Corners program, right through its hearings, its report and recommendations to the implementation of its major recommendations. These recommendations included the establishment of the Criminal Justice Commission (CJC) and the Electoral and Administration Reform Commission (EARC) who were charged with the responsibility of reforming the Criminal Justice, Administration and electoral systems in Queensland. The thesis follows the work of the CJC and the Parliamentary Criminal Justice Committee (PCJC) principally through the 1989-1992 period but also through to 1996. It examines how the Fitzgerald reform recommendations were implemented in practice and makes an assessment of how they worked. There are a range of other broader issues examined including the role of the Parliamentary process and media and their relationship with the Fitzgerald Inquiry and the CJC. The major thrust, however, centres around the window of opportunity opened up by the Fitzgerald Inquiry and whether it achieved in practice what Fitzgerald intended and what stage that work had reached by 1996. Inevitably the work also examines the on-going political relationship between the Fitzgerald recommendations, the CJC, the government of the day and politicians. In particular, the CJC necessary intrusion into the political domain to carry out its responsibilities under the Criminal Justice Act. This is the first complete · examination of the Fitzgerald period from 1987 to 1996.

This thesis traces the Fitzgerald Inquiry from its embryo stage, when public pressure forced its establishment after a Four Corners program, right through its hearings, its report and recommendations to the implementation of its major recommendations. These recommendations included the establishment of the Criminal Justice Commission (CJC) and the Electoral and Administration Reform Commission (EARC) who were charged with the responsibility of reforming the Criminal Justice, Administration and electoral systems in Queensland. The thesis follows the work of the CJC and the Parliamentary Criminal Justice Committee (PCJC) principally through the 1989-1992 period but also through to 1996. It examines how the Fitzgerald reform recommendations were implemented in practice and makes an assessment of how they worked. There are a range of other broader issues examined including the role of the Parliamentary process and media and their relationship with the Fitzgerald Inquiry and the CJC. The major thrust, however, centres around the window of opportunity opened up by the Fitzgerald Inquiry and whether it achieved in practice what Fitzgerald intended and what stage that work had reached by 1996. Inevitably the work also examines the on-going political relationship between the Fitzgerald recommendations, the CJC, the government of the day and politicians. In particular, the CJC necessary intrusion into the political domain to carry out its responsibilities under the Criminal Justice Act. This is the first complete examination of the Fitzgerald period from 1987 to 1996.

The role of alternative justice mechanisms (AJMs) in international criminal justice (ICJ) has been the subject of rigorous debate in recent years. This thesis joins the discussion by investigating whether AJMs can achieve the aims of ICJ that are attributed to criminal prosecutions. If AJMs can attain ICJ goals, there are important implications for the entire complementarity regime at the International Criminal Court (ICC), requiring ICC judges to defer prosecutions in their favour. By establishing a framework against which ICC trials and AJMs can be evaluated, the thesis contributes to the debate and aims to provide an element of consistency in an area which is dominated by creative ambiguity. Arguing that criminal prosecutions have a limited impact on ICJ aims, the thesis considers AJMs generally before undertaking an in-depth historical and comparative analysis of the Mato Oput process in Uganda and the South African Truth and Reconciliation Commission (SATRC). It concludes that Mato Oput does not satisfy the goals of ICJ and therefore would be unlikely to persuade the Court to defer prosecutions. It suggests, however, that an AJM based on the SATRC model would have the potential to attain many ICJ goals and therefore the ICC should declare a situation where the state adopts this method of justice and accountability inadmissible to the ICC. Finally, the thesis examines the decisions of the ICC judges in previous admissibility challenges and argues that they must demonstrate a broader and more flexible approach when interpreting the ICC's mandate if AJMs are to satisfy the complementarity principle. Doing so would also help to avert the growing antipathy of many African states towards the ICC and ensure the future support and co-operation of states parties.

This thesis sets out to provide a deep analysis of the mechanisms for review of convictions in New Zealand and England after initial appeal rights are exhausted, and to identify the key areas of similarity and difference between these systems, the reasons for these differences, and their implications. The appeal systems in each jurisdiction are briefly examined, alongside the pressures and restrictions on their functioning. Particular attention is paid to the options for appeal out of time, and for revisiting appeal decisions if new material comes to light. The main discussion is of the specialist procedures for review of suspect convictions in each jurisdiction: the Royal Prerogative of Mercy process carried out by the New Zealand Ministry of Justice and the work of the English Criminal Cases Review Commission. This discussion presents the results of empirical research carried out by the author utilising the files of each of these bodies. It investigates the legal context in which each body functions, and provides an account of how each body functions in practice, by examining the circumstances in which each body will contemplate referring a matter back to an appeal court and the means by which a determination is made as to whether to do so in an individual case. In addition it examines the various factors (legal and non-legal) which impact on their work. Finally, the key features of the two systems are contrasted, with a discussion of the areas of similarity and difference, as well as the possible implications of these, in particular for reform of the New Zealand processes.

Kenya&rsquo
s December 2007 Presidential elections sparked a wave of violent clashes over allegations of election rigging. The protests broke out along ethnic lines, causing greater civil unrest. There have been allegations that during these outbreaks of violence crimes against humanity were committed. This violence attracted world-wide concern and was universally condemned. Kenya is loathe to prosecute the perpetrators or those who bear the highest responsibility for the alleged commission of crimes against humanity. It has instead established a national investigatory mechanism, the Kenyan Truth, Justice and Reconciliation Commission (hereafter TJRC). This approach adopted by Kenya has been criticized for the fact that it fosters a culture of impunity. However, the Prosecutor of International Criminal Court (hereafter ICC) has used his proprio motu powers to initiate an investigation of alleged commission of crimes that fall within the jurisdiction of the Court. This research paper has analysed the reasons for the proprio motu intervention of the ICC in Kenyan situation. It also examined whether Kenya was unwilling or genuinely unable to prosecute the perpetrators of the post-election violence of 2007. Furthermore, the paper 
evaluated the provisions of the Kenyan TJRC, the major shortcomings of the Commission and the challenges it is facing in fulfilling its mandate. In conclusion the paper analysed the relationship between TJRC and ICC and re-evaluate any role that the two bodies could play in dispensing justice in Kenya. But before that, the paper laid down the factual 
background that led to the proprio motu interevention of the ICC in Kenya where a truth commission had alreday been established.

 

Transitional justice has undergone tremendous shifts since it was first used in Latin American and Eastern European countries to address post-authoritarian and post-communist legacies of atrocity and repression. In particular, the establishment of the International Criminal Court (ICC) has increased the demand for prosecutions within a field that was previously marked by compromise and non-prosecution. While there are increasing expectations that countries with unresolved claims of human rights abuses should enact transitional justice policies, most of the literature on the subject largely omits to explain how elites from those countries choose among the possible options of transitional justice, and specifically, how they choose among international prosecutions, domestic prosecutions, and truth-seeking. Using case studies of Kenya and Uganda, this dissertation examines this decision-making process to understand how elites choose and reject different transitional justice policies. Theoretically, the research examines how preferences for transitional justice policies are constituted through “judicial statecraft”: the strategic efforts by heterogeneous, interest-pursuing elites to use justice-related policies as carrots and sticks in the overall contestation of power. The research finds that the choices of elites about judicial statecraft depend on three factors: the extent to which the elites are secure that their policy choices cannot be subverted from within; the cost and credibility of transitional justice threats; and the effects, both intended and unintended, of history.

The reform measures recommended by the Commission of Inquiry into Possible Illegal Activities and Associated Police Misconduct (referred to as the "Fitzgerald Inquiry") radically transformed the face of policing in Queensland. The most significant of these recommendations was the establishment of an external oversight body, the Criminal Justice Commission (CJC), which has independence from executive government and holds the power to investigate not only police but any public servant or politician. Other recommendations included "Whistleblower" legislation, increasing sanctions for serious misconduct, lateral recruitment and promotion by merit rather than seniority. The first main research question tested in this thesis is whether these reform measures have produced improvements in the following areas: the efficiency and effectiveness of the processes for dealing with complaints against police; public confidence in those processes and the public standing of the Queensland Police Service (QPS) generally; standards of police behaviour; the incidence of corrupt conduct; and police attitudes towards reporting misconduct by their fellow officers. These Fitzgerald Inquiry reforms were strategies primarily derived from two schools of thought describing the nature and cause of police corruption: deterrence based theory (including "individual" or "rotten apple" theory) and cultural (also labeled "cultural" or "socialisation") based theory. To date most strategies used to combat police corruption have been underpinned by these theories. A third theory - situational based theory (sometimes titled "environmental" or "opportunity" theory) - which has had success in crime prevention, has been scarcely used in the area of police corruption. However, an extensive body of research has affirmed the effects of situational factors on police behaviour, suggesting the potential for the application of situational crime prevention initiatives in combatting police corruption. The second research question proposed in this thesis is whether situational based theory could also be beneficial in the prevention of police corruption. Data drawn upon to test the first research question were interviews and surveys with police officers, public attitude surveys and statistics from the processing of complaints against police. Although each source has limitations, collectively the data are sufficiently comprehensive - and robust - to defend conclusions about the general direction of the changes which have occurred. These data indicate that the Fitzgerald Inquiry reforms have, at least to some degree, had their intended impact on the QPS. These reforms have contributed to an apparent improvement in public confidence in the complaints system and the QPS generally. Moreover, the available evidence suggests that the Fitzgerald Inquiry reforms have resulted in a weakening of the police code of silence. As far as the specific issue of corruption in the QPS is concerned, it is difficult to draw firm conclusions from existing data sources. However, the weight of the available evidence is that such conduct is less pervasive and occurs at lower levels than was the case in the pre-Fitzgerald Inquiry QPS. It is very difficult to ascertain which reform components were the most effective and which were not helpful at all, as these reform measures were initiated simultaneously. For example, the negative elements of the police culture may have been eliminated or reduced but whether it was the cultural strategies or one of the deterrence based strategies influencing officer behaviour remains unknown. The second main research question the thesis poses is that the use of situational crime prevention techniques has potential for contributing to the prevention of police corruption. A situational analysis of complaints against police data, including the development of a typology for classifying types of police corruption and misconduct, was used as an example of how this may be accomplished in Queensland. The study provides some, albeit limited, support for the hypothesis that situational crime prevention methods are applicable to police corruption. Based upon three years of complaints data, enough homogenous cases were gathered to enable the analysis of four categories of police corruption - Opportunistic Thefts, Driving under the Influence, Assault (while off-duty), and Theft from Employer. Given that this study only used three years of complaints data held by the CJC and more than nine years of data exist, productive situational analyses of many other categories of corruption is probable. This study also illustrated that complaints against police data are being under utilised by the QPS and the CJC. For future research in the situational analysis of complaints data, I recommend improving the gathering of data from complaints files for storage in electronic form to enable situational prevention analysis to be conducted more readily. A geographical example was used to illustrate further how complaints against police data could be more extensively utilised as a prevention tool. This analysis was conducted at an organisation unit level determined primarily by geographical factors. The complaint patterns of units of similar "task environments", as measured by unit size and type of duties performed, were compared in an attempt to identify those units experiencing the presence or absence of "bad apples" or a "negative culture". This study led to the conclusion that a divisional analysis of complaints data can provide information valuable in combatting police corruption. When task environment was held constant, it was possible to identify units experiencing the effects of possible "bad apples" and/or "negative cultures". Once these particular units were identified, intervention strategies to address the units' particular problem could be constructed. Future research in this area would involve ongoing divisional data analysis followed-up by individual assessment of officers identified as "bad apples", or a "compare-and-contrast" procedure to distinguish features requiring correction in units identified as having a "negative culture". The research findings presented in this thesis are that progress has occurred in a number of areas in addressing the problems identified by the Fitzgerald Inquiry, but that there is undoubtedly scope for more to be achieved. Despite the very significant increase in the resources and powers available to investigators post-Fitzgerald, it is still difficult to prove that a police officer engaged in misconduct, or that other officers were aware of this fact and had failed to take action, because of the constraints imposed by evidentiary and legal requirements. Thus, while it is vital to maintain an effective and credible independent complaints investigation system and ensure that there is a proper internal discipline process in place, the scope for increasing the "deterrent power" of the present system is limited. Putting more resources into complaints investigations might make a difference at the margins, but is unlikely to lead to a significant increase in the probability of a complaint being substantiated and a sanction imposed. Investing more resources in investigations has an additional cost in that such resources are then lost to other efforts to combat corruption that may provide more fruitful results in the long term. The value of an occasional substantiation is placed above the ability to engage in a large amount of prevention work. Inevitably then, three clear messages are apparent. First, continued effort must be made to modify the organisational climate of the QPS in terms of commitment to integrity. Recommended strategies to accomplish this end are to continue the recruitment of more educated, female and older officers to reduce police-citizen conflict and the negative elements of the police culture, and also to develop a comprehensive, integrated approach to ethics education for QPS officers at all ranks and positions. Second, other forms of deterrence against misconduct are needed such as the use of covert strategies like integrity testing which could be conducted in conjunction with the CJC. Third, a greater emphasis needs to be placed on developing and implementing preventive strategies. This thesis has shown that valuable prevention strategies can be gained from situational and divisional analysis of complaints data, and a range of proactive management options based upon situational crime prevention theory are recommended. These strategies have application in any police service.
Thesis (PhD Doctorate)
Doctor of Philosophy (PhD)
School of Criminology and Criminal Justice
Arts, Education and Law
Full Text

This chapter examines how the Criminal Cases Review Commission works with two members of the criminal justice system in conducting investigations: the police and the Court of Appeal. It analyses a variety of cases, including those rare cases where the Commission uses its powers — under section 19 of the Criminal Appeal Act 1995 — to appoint an investigating officer to carry out enquiries to assist in the exercise of any of its functions. The chapter shows how the Commission deals with the investigating officer in section 19 cases and how it incorporates the results of the investigation into its decision on whether or not to refer a case back to the Court. It also explores the Commission's decision frames when it manages a section 19 investigation and when it works for the Court on section 15 investigations. Finally, it looks at section 15 investigations that involved alleged jury bias or misconduct.

Criminal Justice has been one of the public sectors in the forefront of the move toward automation and digital government. The effect of computerization on American criminal justice has been profound and it has transformed the criminal justice process in many fundamental ways. Starting with President Lyndon Johnson’s government commission, The Challenge of Crime in a Free Society: A Report by the President’s Commission on Law Enforcement and the Administration of Justice, public and private experts in criminal justice and technology laid out the information needs of the criminal justice system and the computer systems to meet those demands. At a time when computerization was minimal throughout the criminal justice system, these task force members developed the blueprint for today’s multilayered automated criminal justice environment (Dallek, 1998, pp. 405-407, 409-411; Challenge of crime in a free society, 1967, pp. 268-271).

In this chapter, we identify and critically evaluate the kind of things that can go wrong in the criminal justice process and describe the institutional architecture used to regulate the actions and effects of criminal justice practitioners and to hold them to account. The focus of the chapter is on the organisational, legal and democratic regulatory and accountability mechanisms associated with the police, courts and CPS. Specifically the chapter covers: Police and Crime Commissioners; citizen- and volunteer-led forms of accountability/regulation; royal commissions, public inquiries and independent inquiries; police complaints processes and inspectorates; trial remedies and appeals; the Criminal Cases Review Commission; civil proceedings; inquests and Coronial Courts.

The period preceding the Second Polish Republic is time when it was still unclear whether and when Poland would regain independence, and what territory it would cover. With the emergence of hope for regaining the State, questions arose how to rebuild the country after the war and the years of partitions. Socio-economic problems followed the geopolitical situation. The law shaped collective identity and that criminal law had a special task. It was to satisfy the sense of social justice. In order to achieve its goals, it must be based on solid foundations. Thus, the consolidation of Polish lands was to be an act not only of a mechanical nature, but also required to focus on the aspect of the unification of society and the issue of the law to be applied in the regained territory. The article is an attempt to show the situation and conditions in which criminal law was shaped at the eve of regaining independence, until the establishment of the Criminal Law Codification Commission.

First of all, the thesis provides a general analysis of EU Council Decisions no. 2015/1523 and no. 2015/1601, which were accepted with the goals of solving the migration crisis, establoshing relocation quotas and tackling asylum seekers, who were apparently motivated by the provision of international protection of such persons from the Hellenic Republic and the Italian Republic. Furthermore, the paper defines the basic concepts related to the issue, especially asylum, asylum seeker, relocation, relocation order, Dublin system and the like. From the point of view of the material discussed, the paper outlines the basic contours of the Lisbon Treaty, the causal link between the adoption of the Lisbon Treaty and the legal binding effect of relocation quotas for EU Member States. Treaty on the Functioning of the European Union (TFEU), which newly introduces shared competences in the areas of asylum, migration, external border control and police and judicial cooperation in criminal and civil mattersis also part of the analysis. Following the above interpretation, the paper examines the action against the Czech Republic brought by the European Commission on 22 December 2017 for alleged breach of the Czech Republic‘s relocation obligations and the proceedings. In addition, the action brought by the Republic of Hungary, the Slovak Republic and the Republic of Poland (intervening) is requesting a ruling from the Court of Justice of the EU to set the decision of the EU Council of 22 September 2015 under No. 2015/1601, which is laying down mandatory migration quotas for member states aside

Wales has seen a rise in both the number and rate of children looked after. The rate is now higher than any time since the 1980s. In addition, Wales has consistently had more children looked after per 10,000 of the population than the rest of the UK. This trend is a cause for concern; particularly the impact on the outcomes of children who are taken into care in terms of educational attainment, health, unemployment, homelessness, and criminal justice. Moreover, the Covid-19 pandemic is expected to have worsened the situation. To understand better the factors influencing care rates, the Welsh Government commissioned the Wales Centre for Public Policy and the Centre for Children’s Social Care Research and Development (CASCADE) at Cardiff University to undertake a survey with the children’s social care (CSC) workforce.