Artykuły w czasopismach na temat „Criminal Justice Commission”
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1
O'Regan, R. S. "Crime Commissions and the Criminal Trial—The Criminal Justice Commission". Current Issues in Criminal Justice 6, nr 3 (marzec 1995): 371–77. http://dx.doi.org/10.1080/10345329.1995.12036667.
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Prins, Herschel. "Whither Criminal Justice?—The Report of the Royal Commission on Criminal Justice". Medicine, Science and the Law 33, nr 4 (październik 1993): 277–78. http://dx.doi.org/10.1177/002580249303300401.
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Sahu, Dr Meena Ketan, i Chandi Prasad Khamari. "CRIMINAL LAW REFORMS IN INDIA: A STUDY ON PAST, PRESENT AND FUTURE". YMER Digital 21, nr 07 (10.07.2022): 451–59. http://dx.doi.org/10.37896/ymer21.07/35.
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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.
4
Singh, Pradeep Kumar. "Plea Bargaining and Criminal Justice in India". ATHENS JOURNAL OF LAW 7, nr 1 (31.12.2020): 32–52. http://dx.doi.org/10.30958/ajl.7-1-2.
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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.
5
Lewis, Colleen. "In Support of the Criminal Justice Commission". Queensland Review 2, nr 1 (kwiecień 1995): 53–57. http://dx.doi.org/10.1017/s1321816600000295.
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O'Gorman, Terry. "The Future of the Criminal Justice Commission". Queensland Review 2, nr 1 (kwiecień 1995): 62–66. http://dx.doi.org/10.1017/s1321816600000313.
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Lewis, Colleen. "The Criminal Justice Commission: A Political Football?" Queensland Review 4, nr 2 (październik 1997): 1–11. http://dx.doi.org/10.1017/s1321816600001495.
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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.
8
Crosby, Cath. "Culpability, Kingston and the Law Commission". Journal of Criminal Law 74, nr 5 (październik 2010): 434–71. http://dx.doi.org/10.1350/jcla.2010.74.5.658.
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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.
9
Field, Stewart, i Philip A. Thomas. "Introduction: Justice and Efficiency? The Royal Commission on Criminal Justice". Journal of Law and Society 21, nr 1 (marzec 1994): 1. http://dx.doi.org/10.2307/1410267.
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Baskoro, Bambang Dwi, Hartiwiningsih Hartiwiningsih i Hari Purwadi. "CRIMINAL JUSTICE SYSTEM IN ERADICATION OF CORRUPTION IN INDONESIA". Diponegoro Law Review 3, nr 1 (30.04.2018): 132. http://dx.doi.org/10.14710/dilrev.3.1.2018.132-141.
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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.
11
Baskoro, Bambang Dwi, Hartiwiningsih Hartiwiningsih i Hari Purwadi. "CRIMINAL JUSTICE SYSTEM IN ERADICATION OF CORRUPTION IN INDONESIA". Diponegoro Law Review 3, nr 1 (31.08.2018): 132. http://dx.doi.org/10.14710/dilrev.3.1.2018.133-142.
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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.
12
Leonetti, Carrie. "Conviction Integrity: The Canadian Miscarriages of Justice Commission". Wrongful Conviction Law Review 3, nr 2 (30.11.2022): 97–127. http://dx.doi.org/10.29173/wclawr77.
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Recently, the Canadian Government has committed to creating an independent Canadian Criminal Cases Review Commission. Minister Lametti initiated a consultation process with stakeholders, led by Justice Harry S. LaForme of the Ontario Court of Appeal and assisted by retired Judge Juanita Westmoreland-Traoré of the Court of Quebec, to precede the implementation of the Commission. The resulting report recommends a visionary innocence commission for Canada that is more independent, better funded, more systematic, proactive, and inclusive, has scope to review far more potential miscarriages of justice, and has broader referral grounds and more remedies than existing innocence commissions in other countries. Hopefully, the Canadian Government will seize this singular opportunity to implement a monument to justice and place Canada as the global leader in addressing wrongful convictions.
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Stockdale, Michael, i Emma Piasecki. "The Safety-Valve: Discretion to Admit Hearsay Evidence in Criminal Proceedings". Journal of Criminal Law 76, nr 4 (sierpień 2012): 314–35. http://dx.doi.org/10.1350/jcla.2012.76.4.783.
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Section 114(1)(d) of the Criminal Justice Act 2003 gave the criminal courts discretion to admit hearsay evidence in the interests of justice. The Law Commission envisaged that the courts would only exercise this inclusionary discretion in exceptional circumstances. Whilst the admissibility threshold created by s. 114(1)(d) is not as high as the Law Commission had intended, the recent jurisprudence suggests that the courts will exercise the s. 114(1)(d) discretion much as the Law Commission had anticipated except that, contrary to the Law Commission's intentions, there is authority for the proposition that where a confession is admitted under s. 114(1)(d) it may be admissible against persons other than its maker and there is also authority for the proposition that the hearsay evidence of a witness who cannot be identified is not admissible under s. 114(1)(d).
14
Bridges, Lee. "Normalizing Injustice: The Royal Commission on Criminal Justice". Journal of Law and Society 21, nr 1 (marzec 1994): 20. http://dx.doi.org/10.2307/1410268.
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Baird, Vera. "Commission on Women and the Criminal Justice System". Criminal Justice Matters 53, nr 1 (wrzesień 2003): 30–31. http://dx.doi.org/10.1080/09627250308553572.
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Shepitko, Mykhaylo. "Criminal Legislation Trends in Ukraine (Evidence From Crimes Against Justice)". Journal of the National Academy of Legal Sciences of Ukraine 27, nr 2 (27.06.2020): 131–41. http://dx.doi.org/10.37635/jnalsu.27(2).2020.131-141.
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The paper investigates the development of criminal legislation of Ukraine as exemplified in crimes against justice. To this end, the author approached the study of criminal law through the analysis of its development in the globalised world and in Ukraine. In this context, it is proposed to refer to criminal legislation as globalisational and to codification – as unified. This is caused by the rapprochement of countries in the world through the implementation of conventions and other international regulations and, consequently, the harmonisation of criminal legislation. In historical retrospect, the author constructed a historical map of crimes, misdemeanours, and offences against justice inherent in the criminal legislation of Ukraine in the 11th-20th centuries (based on the stage and initial possibility of their commission). It was determined that certain trends of establishing criminal liability for commission of criminal offences in justice will affect the development of crimes against justice: 1) implementation of international regulations; 2) ensuring the protection of the activities of international courts whose jurisdiction is recognised by Ukraine; 3) establishment of a system of criminal offences against justice through their division into groups in the structure of the corresponding section (division of the section into chapters). Such groups may be: 1) criminal offences in administration of justice; 2) criminal offences in enforcement of justice; 3) criminal offences in support of enforcement of justice. The use of these approaches allowed to develop the prospects of criminal legislation on crimes and misdemeanours against justice. Emphasis is placed on the fact that criminal offences (crimes) against justice are such acts that significantly differ in the severity of the offence, their social danger, and therefore the division of these criminal offences into crimes and misdemeanours should affect the procedural features of bringing the respective perpetrators to criminal responsibility
17
Stockdale, Michael, i Joanne Clough. "Confessions and the Criminal Justice Act 2003". Journal of Criminal Law 77, nr 3 (czerwiec 2013): 231–54. http://dx.doi.org/10.1350/jcla.2013.77.3.842.
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The admissibility of hearsay evidence in criminal proceedings in England and Wales is now governed by provisions of the Criminal Justice Act 2003, a result of Law Commission reform proposals. The Law Commission's Report left several issues concerning the admissibility of confessions in the context of its proposed hearsay regime unclear, some of which have not yet been clarified by the post-2003 Act jurisprudence. In particular, whilst the authorities have established that confessions made by third parties may be admissible in exceptional circumstances, the courts have not yet engaged with s. 128(2) of the 2003 Act which limits the extent to which confessions made by defendants may be admissible under the 2003 Act's provisions. Moreover, whilst the Court of Appeal has recognised both that certain confessions may exist outside the 2003 Act's statutory framework and that the admissibility of such a confession for the prosecution when made by a defendant is governed by s. 76 of the Police and Criminal Evidence Act 1984, other issues concerning the admissibility of such confessions have not yet been resolved.
18
Stanowska, Maria. "First Attempts at Undoing the Consequences of Violating the Rule of Law in 1944–1956". Prawo w Działaniu 38 (2019): 7–35. http://dx.doi.org/10.32041/pwd.3801.
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The article discusses initiatives taken in the mid-1950s to examine the state of the rule of law in 1944–1956 in courts, prosecutor’s offices, Polish Army Intelligence Service and public security authorities. Attention is given primarily to the Report of the Mazur (Wasilewski) Commission, which was established as a result of an agreement between the Minister of Justice, the Minister of National Defence, and the Prosecutor General. The Commission’s task was to determine the extent of violations of the rule of law by the Supreme Military Court, the Supreme Military Prosecutor’s Office and the Military Intelligence Service. The article discusses in detail the manifestations of violations of the rule of law disclosed by the Commission, often criminal in character, as well as the specific conclusions with proposals of a variety of consequences for the people guilty of violating the rule of law in the aforementioned authorities. The Report findings are presented against the background of the rehabilitation proceedings conducted with respect to the victims of the alleged ‘conspiracy in the army’. Also discussed are the works of two other Commissions dealing with the examination of violations of the rule of law in general courts and prosecutor’s offices. The Prosecutor General established a Commission for examining the state of the rule of law in the Prosecutor General’s Office and in the Prosecutor’s Office in Warsaw, while the Minister of Justice set up a Commission for examining the work of the so-called secret sections operating in 1950–1954 at the Ministry of Justice, in the Court of Appeal and the Voivodeship Court in Warsaw. I also present the results of the first criminal trials conducted against public security and Military Intelligence Service officers guilty of the application of inadmissible and unauthorized methods in the course of investigation.
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Braithwaite, John. "Many Doors to International Criminal Justice". New Criminal Law Review 23, nr 1 (2020): 1–26. http://dx.doi.org/10.1525/nclr.2020.23.1.1.
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Responsibilities to protect and prevent elite crimes are best energized by enforcement that walks through many doors. Effective deterrence is rarely delivered by the International Criminal Court. Yet deterrence is possible when it patiently cumulates through many doors. Likewise truth, justice, and reconciliation can achieve little through one door and much through many. Opening more doors to the complexly cross-cutting character of survivor guilt with mass atrocities can better open possibilities for future prevention and reconciliation than simply doors to courtrooms that find a criminal on one side of complex sequences of atrocity. The Nuremberg and Tokyo War Crimes Trials opened quickly after World War II. They did not prove to hold keys to truth and reconciliation for Germany until the Eichmann trial finished in Jerusalem in 1962. Why? Still today, non-confession by the U.S. to Hiroshima/Nagasaki as war crimes has meant truncated Japanese reconciliation. Different kinds of doors are needed with crimes like the Dresden and Tokyo fire bombing, the rape of Nanjing and the “comfort women” issue. These have included citizens tribunals, truth commissions, and indigenous justice in cases like Bougainville that rejected the truth commission model. When we reflect upon door diversity, transitional justice turns out not to be very focused on justice or international criminal law, and not to be at all transitional, but rather a maze of doors to justice of diverse kinds that open or close across the longue durée (as developed in the work of Susanne Karstedt).1
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YOUNG, RICHARD, i ANDREW SANDERS. "The Royal Commission on Criminal Justice: A Confidence Trick?" Oxford Journal of Legal Studies 14, nr 3 (1994): 435–48. http://dx.doi.org/10.1093/ojls/14.3.435.
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QC, Max Bingham. "Regulating Morality—Roles of the Queensland Criminal Justice Commission". Australian & New Zealand Journal of Criminology 23, nr 4 (grudzień 1990): 209–16. http://dx.doi.org/10.1177/000486589002300401.
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Evans, Roger. "Police interrogations and the Royal commission on criminal Justice∗". Policing and Society 4, nr 1 (maj 1994): 73–81. http://dx.doi.org/10.1080/10439463.1994.9964683.
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Aldianto, Sony, Burhanudin Burhanudin i Tresia Elda. "Pembatalan Kewenangan Dewan Pengawas Komisi Pemberantasan Korupsi Dalam Hal Pemberian Izin Penyadapan, Penggeledahan Dan Penyitaan Pada Putusan Mahkamah Konstitusi Nomor 70/ PUU-XVII/2019 Dalam Perspektif Efektifitas Hukum". JOURNAL of LEGAL RESEARCH 4, nr 5 (4.10.2022): 1209–22. http://dx.doi.org/10.15408/jlr.v4i5.23047.
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The main problem in this study is that, the position of the Supervisory Board of the Corruption Eradication Commission after the authority in granting wiretapping, search and seizure permits was canceled by the Constitutional Court in the perspective of the effectiveness of the law and the criminal justice system. This study aims to make everyone understand the position and urgency of the KPK Supervisory Board after the Constitutional Court Decision Number 70/PUU-XVII/2019 in the concept of legal effectiveness and the criminal justice system in Indonesia. The results of this study indicate that regarding the judge's considerations, that the Supervisory Board of the Corruption Eradication commission in granting wiretapping, search and confiscation permits is a real form of overlapping authority of pro justitia. The KPK Supervisory Board is not a law enforcement officer, so it is not in accordance with the effectiveness of the law in terms of law enforcement factors, community factors and legal factors, therefore is not included in the components of the criminal justice system and violates the concept of the criminal justice system.
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Singh, Pradeep Kumar. "Policing in India: Need of Effective Preventive Actions to Tackle Crime and Criminality". Jurnal Media Hukum 28, nr 2 (31.12.2021): 136–52. http://dx.doi.org/10.18196/jmh.v28i2.12624.
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When the criminal justice system is seen on the face, it may appear that actions are initiated only after the commission of a crime. Accordingly, criminal law can prescribe punishments for already committed criminal acts. However, a detailed and proper analysis of criminal justice clarifies that its main objective is the prevention of crime and criminality. Prevention of crime is taking action at the incipient stage means before the commission of a crime. The criminal justice system always provides crucial spaces for preventive actions. Proper and efficient police actions ensure effective tackling of crime and criminality, particularly police actions at the incipient stage. In India, in the 21st-century, crime and criminality are creating a serious challenge where the nature of crime is becoming more serious, and the crime rate is increasing. In such a situation, analysis of the Indian criminal law is vital to find out whether it sufficiently empowers Indian police for preventive actions to tackle crime and criminality. Analysis of Indian Criminal Law shows that provisions for directing and enabling policing are already provided. Despite that, training is necessary for the police officers to use the modern know-how for resorting to preventive actions.
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Pemberton, A., R. M. Letschert, A. M. de Brouwer i R. H. Haveman. "Coherence in International Criminal Justice: A Victimological Perspective". International Criminal Law Review 15, nr 2 (22.01.2015): 339–68. http://dx.doi.org/10.1163/15718123-01502004.
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This article develops a victimological perspective on international criminal justice, based on a review of the main victimological characteristics of international crimes: the complicity of government agencies, the large numbers of victims involved and the peculiar position of victims of international crimes, who at the time of the commission of the crimes are viewed as perpetrators and/or beyond the moral sphere, rather than as victims. Key elements of the framework concern the external coherence of the criminal justice reaction – the interlinking of criminal justice with other reparative efforts – as well as its internal coherence – the extent to which the procedures of international criminal justice are aligned with what it realistically can and should achieve. This latter aspect of coherence is used in an examination of victims’ rights in international criminal justice procedures.
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Thalib, Hambali, Sufirman Rahman i Abdul Haris Semendawai. "THE ROLE OF JUSTICE COLLABORATOR IN UNCOVERING CRIMINAL CASES IN INDONESIA". Diponegoro Law Review 2, nr 1 (28.04.2017): 27. http://dx.doi.org/10.14710/dilrev.2.1.2017.27-39.
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The purpose of this research is to study the role of justice collaborator in uncovering who is the mastermind behind a major crime in the act of criminal law, and also not only end on a minor defendant (field defendant). The empirical law research methods is conducted on the Commission Eradication Commission (KPK) and the Witness and Victim Protection Agency (LPSK). The results shows that the role of justice collaborator facilitates the verification in the criminal judicial process in order to totally reveal the well-organized transnational crime. In this context, corruption in Indonesia is committed collectively, the existence of regulations on justice collaborator is a legal instrument that is expected to strengthen the collection of Form of Evidence dan Real Evidence at the trial
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Trejo, Guillermo, Juan Albarracín i Lucía Tiscornia. "Breaking state impunity in post-authoritarian regimes". Journal of Peace Research 55, nr 6 (11.09.2018): 787–809. http://dx.doi.org/10.1177/0022343318793480.
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This article claims that cross-national variation in criminal violence in new democracies is highly dependent on whether elites adopt transitional justice processes to address a repressive past. State specialists in violence who repress political dissidents under authoritarian rule often play a crucial role in the operation of criminal markets and in the production of criminal violence in democracy. Some of them defect from the state to become the armed branch of criminal organizations in their deadly fights against the state and rival groups; others remain but protect criminal organizations from positions of state power; and still others use state power to fight criminals through iron-fist policies. When post-authoritarian elites adopt transitional justice processes to expose, prosecute, and punish state specialists in violence for gross human rights violations committed during the authoritarian era, they redefine the rules of state coercion and deter members of the armed forces and the police from becoming leading actors in the production of criminal violence. Using a dataset of 76 countries that transitioned from authoritarian rule to democracy between 1974 and 2005, we show that the adoption of strong truth commissions is strongly associated with lower murder rates; we also find that the implementation of trials that result in guilty verdicts is associated with lower homicide rates only when the trials are jointly implemented with a strong truth commission. In contrast, amnesty laws appear to stimulate criminal violence. Our findings are particularly robust for Latin America and remain unchanged even after addressing selection effects via matching techniques.
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Darbyshire, Penny. "A Refreshing Change from the Royal Commission on Criminal Justice". Criminal Justice Matters 46, nr 1 (grudzień 2001): 14–15. http://dx.doi.org/10.1080/09627250108553658.
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Rothe, Dawn, i Christopher Mullins. "Beyond the Juristic Orientation of International Criminal Justice: The Relevance of Criminological Insight to International Criminal Law and its Control A Commentary". International Criminal Law Review 10, nr 1 (2010): 97–110. http://dx.doi.org/10.1163/157181209x12584562670893.
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AbstractThis article draws attention to the relevance of criminological insight on issues of international criminal law and criminal justice. In particular, the ideology and theory of deterrence, legitimacy, and international criminal law are drawn from. After all, the deterrent effect has been touted as a solid empirical fact with the progression and development of 'international criminal justice', the international tribunals since the mid 1990s, and the International Criminal Court. Yet, the current rather blind belief in the deterrent impact of international criminal justice remains, regretfully, a bit premature. Additionally, beyond the concepts of deterrence and legitimacy, criminologists have much to contribute to international criminal justice. As noted, there are social, political, cultural, and geographical issues that play a role in not only crime commission, but in the hindrance of and/or facilitation of deterrence. Criminologists are well positioned to show how these connections may facilitate or hinder the broader goals of the legal community.
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Burgis-Kasthala, Michelle. "Entrepreneurial Justice: Syria, the Commission for International Justice and Accountability and the Renewal of International Criminal Justice". European Journal of International Law 30, nr 4 (listopad 2019): 1165–85. http://dx.doi.org/10.1093/ejil/chz065.
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Abstract This article argues that the crisis of governance generated by the Syrian civil war presents both a challenge and an opportunity to practitioners of international criminal justice. The article also argues that, irrespective of the Syrian case, international criminal law (ICL) institutions are in need of innovation and that increasingly ICL discourses display a blurring between public and private idioms. Evaluating the contribution of the Commission of International Justice and Accountability (CIJA) is one way then of assessing how ICL might evolve. This article characterizes CIJA’s work as exemplifying ‘entrepreneurial justice’, not only in Syria but also in a range of other (post-)conflict settings. We can define entrepreneurial justice as the identification of a gap or weakness in existing public accountability fora and the creation of a new private or privatized organization and/or approach that seeks to address (at least part of) this gap. Although questions remain about CIJA’s own accountability, along with its potential contribution to realizing accountability, this article suggests that its presence within the ICL field is a necessary one and that it has already started to have effects within Syria and beyond.
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Georges-Abeyie, Daniel E. "Defining Race, Ethnicity, and Social Distance: Their Impact on Crime, Criminal Victimization, and the Criminal Justice Processing of Minorities". Journal of Contemporary Criminal Justice 8, nr 2 (maj 1992): 100–113. http://dx.doi.org/10.1177/104398629200800204.
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This paper examines the social, cultural, and biological realities of the popular as well as scientific use of the terms race and ethnicity then examines the significance of “social distance” in the criminal justice context which frequently involves Negroids, Hispanics, and other nonwhite minorities. It provides an analysis of the possible impact of them is application of the concepts race and ethnicity, and thus, social distance, upon the crime commission, criminal victimization, and criminal justice processing of “Blacks” and other nonwhite ethnic and racial minorities. It concludes with seven pertinent research questions that could be explored which would further the understanding of the role race, ethnicity, and social distance play in the perpetration of crimes by minorities as well as the criminal victimization and criminal justice processing of minorities.
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Vasiljević, Dragana. "Commencing the commission of a criminal act in the European-continental and the Anglo-Saxon criminal law". Zbornik radova Pravnog fakulteta Nis 61, nr 96 (2022): 215–32. http://dx.doi.org/10.5937/zrpfn1-40271.
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A clear and precise definition of the activity that marks the beginning of the commission of a criminal act (Fr. commencemnt d'exécution), as the boundary between the non-punishable and the punishable stage in the commision of a crime, is of great importance for criminal law. The contemporary criminal legislation and criminal law doctrine are guided by different criteria in determining this boundary. In the European-continental legal system, the definition of criminal attempt is found in criminal law theories, while the criminal legislation in the Anglo-Saxon criminal justice system rely on appropriate tests in establishing the causal link. In this article, the author analyzes the theoretical and legislative solutions in the European-continental and the Anglo-Saxon criminal law on the activity that marks the beginning of the commission of a criminal offense and its delimitation from the preparatory stage.
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Demleitner, Nora V. "The U.S. Sentencing Commission’s Recidivism Studies". Federal Sentencing Reporter 33, nr 1-2 (październik 2020): 11–21. http://dx.doi.org/10.1525/fsr.2020.33.1-2.11.
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Recidivism is now the guiding principle of punishment and has become the new hallmark of criminal justice reform, as reflected in the U.S. Sentencing Commission’s recidivism project. So far, the Commission has issued three reports in 2020 alone, which outline the parameters within which “safe” criminal justice reform can proceed. Yet the overly broad definition of “recidivism” and the focus on easily measurable and static risk factors, such as prior criminal record, create a feedback loop. The Commission’s work should come with a warning label. Its recidivism studies should not be consumed on their own. Instead, they must be read in conjunction with U.S. Probation and Pretrial Services recidivism research, which includes data on the impact of programming, treatment, and services on reentry success. Yet, concerns about undercounting recidivism events drive the entire U.S. approach. Western European studies reflect different philosophies and values that explain some of the underlying reasons for the dramatically different imprisonment rates on the two sides of the Atlantic. These recidivism studies raise also questions about the Commission’s role. Its ongoing preference for imprisonment indicates that it continues to consider itself the guardian of incarceration-driven guidelines. The studies reenforce the status quo and the Commission’s role in it. They threaten to propel us into data-driven selective incapacitation and continuously long prison terms for those with prior criminal records, all in the name of public safety.
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Kerrigan, Kevin. "Miscarriages of Justice and University Law Schools". Journal of Criminal Law 66, nr 1 (luty 2002): 1–3. http://dx.doi.org/10.1177/002201830206600101.
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This article reviews the case of Alex Allan whose successful appeal to the Court of Appeal against a conviction for robbery was eventually brought about by the combined efforts of the Criminal Cases Review Commission and the Student Law Office, Northumbria University School of Law. The students' contribution to the preparation of the case is described and assessed.
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du Plessis, Max, i Jolyon Ford. "TRANSITIONAL JUSTICE: A FUTURE TRUTH COMMISSION FOR ZIMBABWE?" International and Comparative Law Quarterly 58, nr 1 (styczeń 2009): 73–117. http://dx.doi.org/10.1017/s002058930800081x.
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AbstractAn eventual sustained democratic transition process in Zimbabwe may include a ‘truth and reconciliation’ commission. The need for—and possible form of—any such institution is situated in a number of discussions: the balance of principle and pragmatism that peace deals sometimes require; comparative experiences in other societies and the promise and limits of institutional modelling; the dynamic between global expectations or prescriptions and ground-level exigencies; the interface of international criminal law and institutions with national-level justice processes; the content of the State's international legal duty to afford a remedy. In considering the extent of an international normative framework limiting the justice options of transitional States, a certain margin of appreciation may be appropriate or necessary to enable a society to reconcile with its violent past on its own terms.
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Gardner, John. "Rationality and the Rule of Law in Offences Against the Person". Cambridge Law Journal 53, nr 3 (listopad 1994): 502–23. http://dx.doi.org/10.1017/s0008197300080934.
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The Offences Against the Person Act 1861 is much disparaged by today's criminal lawyers. Its provisions have been described as “impenetrable” by the Court of Appeal. The House of Lords could not conceal its dissatisfaction with what is called “the irrational result of this piecemeal legislation”. Andrew Ashworth has written of the “antiquated and illogical structure” of an Act which the Law Commission regards as “unsatisfactory in very many respects”. Most recently Brooke J., launching the latest version of the Commission's reform package, lambasted the operation of the 1861 Act as “a disgrace”, and claimed that this hostile view is shared in every corner of the criminal justice system.
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Khusnaeny, Asma'ul. "(Bill Draft on Eliminating Sexual Violence: Access to Justice, Truth and Victims’ Survival". Jurnal Perempuan 21, nr 2 (20.05.2016): 191–200. http://dx.doi.org/10.34309/jp.v21i2.97.
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Sexual violence is a crime against humanity, violations of human rights and gender-based violence. Meanwhile since the 1998-2013 National Commission on Violence Against Women has been monitoring and documentating 15 (fifteen) forms of sexual violences. National Commission on Violence Against Women was classifying all forms of sexual violence from 15 forms into 6 sexual violences based on common elements in criminal offense. So far the handling cases of sexual violence faced barrier to prevention, protection, recovery of victims, rehabilitation of offenders, and the criminal justice procedure of law. State should be responsible quickly to enact Law on Elimination of Sexual Violence, as part of country’s efforts in implementing the principles of due diligence.
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Kumar Singh, Pradeep. "Corporate Criminal Liability in India". ATHENS JOURNAL OF LAW 8, nr 1 (29.12.2021): 31–48. http://dx.doi.org/10.30958/ajl.8-1-2.
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In 21st Century, crimes committed by corporate bodies are creating more serious challenge for criminal justice system. Some vested interests which are controlling affairs of corporate bodies misuse the corporate body for commission of criminal acts to maximise profit. Corporate body is conferred with legal personality for regulation of its functions but it does not have physical body and mind of its own, thereby, problem arises for holding corporate body as criminal, and further, in imposition of criminal liability. Corporate criminal activities badly affect environment, health, safety and infra-structure development. Corporate entities are involved in corruption, forgery, money laundering, foreign exchange violations, money laundering, tax evasions, benami property transactions and other economic offences. Proper formulation of criminal justice actions and effective enforcement of corporate criminal liabilities are modern criminal justice requirements. Corporate bodies are business entities; economic wellbeing of society, prosperity of citizenry and development of nation depend on freedom of trade, amicable business environment and least regulation of corporate entities. Hereby, in determination and imposition of corporate criminal liability for betterment of society, it is necessary to make balance between to take stern actions to tackle corporate crimes and to take care to not hamper legitimate activities of corporate bodies. Law relating to corporate criminal liability in India will be analysed in this paper. Keywords: Criminal Justice System, Corporate crime, Corporate criminal liability, Natural person, Social wellbeing, Strict liability
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Tonry, Michael. "The Politics and Processes of Sentencing Commissions". Crime & Delinquency 37, nr 3 (lipiec 1991): 307–29. http://dx.doi.org/10.1177/0011128791037003001.
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Prison overcrowding has intensified interest in sentencing commissions and guidelines. Minnesota and Washington have demonstrated that such systems can conserve state resources and buffer political pressures while achieving a reasonably consistent and accountable sentencing system. More commissions fail, however, than succeed. The successes have been characterized by talented staffs, adequate resources, effective political leadership, and processes that encompass all affected constituencies. Difficult policy issues, such as abolition of mandatory sentencing laws, should be faced at the outset. Where criminal justice policy is so politicized that hard choices cannot be addressed, the sentencing commission approach is likely to fail.
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Galloway, Kate, i Jemima McGrath. "Reproductive justice: A framework for abortion law reform". Alternative Law Journal 43, nr 4 (15.11.2018): 295–301. http://dx.doi.org/10.1177/1037969x18801091.
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Australia has seen a number of efforts at reform of abortion laws in recent years. Some jurisdictions have decriminalised abortion entirely, and other states have made efforts to reform abortion law without complete decriminalisation. At the other end of the spectrum, Queensland in 2018 listed abortion as a criminal offence. This article uses the framework of questions in the Queensland Law Reform Commission consultation paper to reprise the need for abortion law reform in Queensland specifically, and Australia generally. While answering the Queensland Law Reform Commission questions, we frame our inquiry around empowering women’s self-determination to make decisions about their reproductive health as a hallmark of their equality as citizens.
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Spinellis, Dionysios. "Court of Justice of the European Communities". European Constitutional Law Review 2, nr 2 (czerwiec 2006): 293–302. http://dx.doi.org/10.1017/s1574019606002938.
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The judgment of the European Court of Justice of 13 September 2005 decided an important institutional conflict in the Union. At the request of the Commission, the Court annulled the Council’s Framework Decision 2003/80/JHA on the protection of the environment through criminal law. In so doing, the Court acknowledged that the member states can be obliged under Community law and its system of conditions to impose criminal sanctions if this is necessary to protect Community law. It is beyond doubt that they thus can be obliged under Union law and its conditions. The underlying questions are about the relationship between the first and third pillars and the logic of each.
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Corns, Chris. "The ‘Big Four’: Privileges and Indemnities†". Australian & New Zealand Journal of Criminology 27, nr 2 (wrzesień 1994): 133–59. http://dx.doi.org/10.1177/000486589402700203.
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From at least the seventeenth century, English law has recognised the right of any person not to provide evidence which may incriminate him or her in the commission of a crime (the privilege against self-incrimination). The exercise of this right would appear to represent a significant obstacle to the effective investigation of criminal activities, and in particular, organised crime. However, through the use of indemnification procedures, the National Crime Authority, the NSW Independent Commission Against Corruption, and the Criminal Justice Commission (Qld) are able to circumvent the traditional protection provided by the privilege against self-incrimination. This paper examines the use of indemnities by such bodies and considers a number of issues relating to adequate accountability and the problem of demonstrating efficacy.
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Lapshin, V. F., i E. H. Nadiseva. "LEGAL CONTENT OF CATEGORY“PREPARATION FOR PERFORMANCE OF AN INTENTIONAL CRIME”". Russian Family Doctor, nr 1 (15.12.2020): 39–45. http://dx.doi.org/10.17816/rfd10677.
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The implementation of criminal liability for an unfinished crime, interrupted at the stage of preparation, is not consistent with the basic criminal law requirements, since the act committed at the stage of preparation, clearly does not contain any signs of a crime or its composition. At the same time, the imposition of punishment is carried out in accordance with the sanction of the norms of the Special part of the criminal code, which indicates the existence of an act not actually committed by the convicted person. This allows us to raise questions about the legality and necessity of bringing a person to criminal responsibility for an act recognized as preparation for the Commission of an intentional crime. The analysis of provisions of the current criminal legislation, sources of scientific literature, and also materials of judicial practice on criminal cases about incrimination of preparatory actions, allowed to draw a conclusion according to which attraction of the person to responsibility for Commission of the act characterized as preparation for Commission of crime, contradicts the principle of legality and justice. In this regard, it is proposed to change the current criminal legislation, eliminating the rules on the preparation of the Institute of unfinished crime.
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Lapshin, V. F., i E. H. Nadiseva. "LEGAL CONTENT OF CATEGORY“PREPARATION FOR PERFORMANCE OF AN INTENTIONAL CRIME”". Russian Family Doctor, nr 1 (15.12.2020): 39–45. http://dx.doi.org/10.17816/rfd10709.
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The implementation of criminal liability for an unfinished crime, interrupted at the stage of preparation, is not consistent with the basic criminal law requirements, since the act committed at the stage of preparation, clearly does not contain any signs of a crime or its composition. At the same time, the imposition of punishment is carried out in accordance with the sanction of the norms of the Special part of the criminal code, which indicates the existence of an act not actually committed by the convicted person. This allows us to raise questions about the legality and necessity of bringing a person to criminal responsibility for an act recognized as preparation for the Commission of an intentional crime. The analysis of provisions of the current criminal legislation, sources of scientific literature, and also materials of judicial practice on criminal cases about incrimination of preparatory actions, allowed to draw a conclusion according to which attraction of the person to responsibility for Commission of the act characterized as preparation for Commission of crime, contradicts the principle of legality and justice. In this regard, it is proposed to change the current criminal legislation, eliminating the rules on the preparation of the Institute of unfinished crime.
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Lapshin, V. F., i E. H. Nadiseva. "LEGAL CONTENT OF CATEGORY“PREPARATION FOR PERFORMANCE OF AN INTENTIONAL CRIME”". Yugra State University Bulletin 16, nr 1 (15.12.2020): 39–45. http://dx.doi.org/10.17816/byusu20200139-45.
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The implementation of criminal liability for an unfinished crime, interrupted at the stage of preparation, is not consistent with the basic criminal law requirements, since the act committed at the stage of preparation, clearly does not contain any signs of a crime or its composition. At the same time, the imposition of punishment is carried out in accordance with the sanction of the norms of the Special part of the criminal code, which indicates the existence of an act not actually committed by the convicted person. This allows us to raise questions about the legality and necessity of bringing a person to criminal responsibility for an act recognized as preparation for the Commission of an intentional crime. The analysis of provisions of the current criminal legislation, sources of scientific literature, and also materials of judicial practice on criminal cases about incrimination of preparatory actions, allowed to draw a conclusion according to which attraction of the person to responsibility for Commission of the act characterized as preparation for Commission of crime, contradicts the principle of legality and justice. In this regard, it is proposed to change the current criminal legislation, eliminating the rules on the preparation of the Institute of unfinished crime.
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Efendi, Roni. "KEWENANGAN KOMISI PEMBERANTAS KORUPSI DALAM MELAKUKAN PENUNTUTAN MONEY LAUNDERING". JURIS (Jurnal Ilmiah Syariah) 17, nr 1 (30.06.2018): 117. http://dx.doi.org/10.31958/juris.v17i1.1004.
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The tackling of money laundering through the criminal Justice System has not been debatable as long as it is handled by sub-systems in the criminal justice system such as the police and prosecutors since they have been bestowed a clear mandate in law. That raised a question, what about Corruption Eradication Commission or KPK? In Article 6 letter C Act no.30 of 2002 on the Corruption Eradication Commission (Law of KPK) explicitly and clearly revealed that the KPK has a duty to conduct the initial investigation, investigation and prosecution of corruption. That article also did not provide the further explanation. For that reason, the authority of KPK in conducting initial investigation, investigation and prosecution is only regarding the criminal act of corruption.In several corruption cases settling, KPK also often tried to apprehend the perpetrators through the law of prevention and Eradication of Money Laundering Crime. Many People criticized KPK but some gave the appreciation on KPK’s efforts in asset recovery. That was also addressed to KPK on its’ authority in investigating and prosecuting TPPU. In the case of No. 39/Pid.Sus/ TPK/2013/PN.Jkt.Pst with the accused Ahmad Fathanah, Joko Subagion and I made Hendra as 2 (two) members of the judges’ panel stated dissenting opinion. It declared that KPK has the authority to investigate TPU but it is only concerning with the wealth which is suspected from a criminal act of corruption. Actually, the authority to persecute TPPU is on the general attorney. Meanwhile, persecutors of KPK does not have the right to file the indicment and demand of the TPPU. Therefore, the indictment related to money laundering should be declared unacceptable. It brings the writer’s unrest on the criminal law enforcement’s practice. It is especially in the eradication of money laundering since it is supposed that law enforcement does no provide justice for justicia belene, certainty and expediency in asset recovery.
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Harmon, Talia Roitberg. "The Innocence Commission: Preventing Wrongful Convictions and Restoring the Criminal Justice System". Contemporary Sociology: A Journal of Reviews 38, nr 3 (maj 2009): 250–51. http://dx.doi.org/10.1177/009430610903800324.
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Bridges, Lee, i Mike McConville. "Keeping Faith With Their Own Convictions: The Royal Commission on Criminal Justice". Modern Law Review 57, nr 1 (styczeń 1994): 75–90. http://dx.doi.org/10.1111/j.1468-2230.1994.tb01922.x.
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Sharipova, A. R. "The Quality of Justice in Criminal, Arbitrazh, Civil and Administrative Cases: Comparison by Individual Parameters". Lex Russica, nr 11 (15.11.2020): 53–61. http://dx.doi.org/10.17803/1729-5920.2020.168.11.053-061.
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Based on statistics and survey results the author highlights that there is a markedly lower quality of criminal justice as compared with arbitrazh (commercial) disputes. The comparison is based on six indicators: the distribution of cases among judges, the capabilities of the information system, the policy of the use of telecommunications technologies, the observance of procedural deadlines, adherence of the court to timelines and the use of mediation procedures. The selected parameters have been developed by the European Commission for the Efficiency of Justice and reflect not only the organizational but also the procedural features of each of the types of proceedings under consideration.The author supports the concept of judicial law, and, therefore, the study is devoted to finding unreasonable differences in the quality of justice in some types of justice. These include: automated distribution of cases in courts of general jurisdiction which is affected by the will of operators to the extent in which it is implemented in arbitrazh courts; lack of necessary “e-justice” tools in "Pravosudie" Stat Automated System (GAS "Pravosudie"); insufficient use of video-conferencing by the courts of general jurisdiction, unwillingness to conduct an electronic case and remote formalization with cases; continous consideration of criminal cases in comparison with arbitrazh and other cases; disrespect of the courts of general jurisdiction for the time of the proceedings’ participants; refusal of the court to promote amicable settlement of criminal disputes. Fully aware of all the differences between criminal and arbitrazh proceedings on many grounds: both the existence (or absence) of formalized pretrial proceedings and qualitative characteristics of the parties and their representatives and the specific weight of the cases dealt with by the courts in the total scope of all legal cases in the country, the author nevertheless considers that according to the indicators applied by the European Commission for the Efficiency of Justice all types of domestic proceedings are still comparable, and the apparent differences in accessibility and quality of justice are not unavoidable.
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Stockdale, Michael, i Adam Jackson. "Expert Evidence in Criminal Proceedings". Journal of Criminal Law 80, nr 5 (październik 2016): 344–63. http://dx.doi.org/10.1177/0022018316668448.
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In its 2011 report Expert Evidence in Criminal Proceedings in England and Wales (Law Com No. 325), the Law Commission recommended that the admissibility of expert evidence in criminal proceedings should be governed by a new statutory regime comprising a new statutory reliability test in combination with codification and refinement of existing common law principles relating to ‘assistance’, ‘expertise’ and ‘impartiality’. The government declined to enact the Law Commission’s draft Bill due to a lack of certainty as to whether the additional costs incurred would be offset by savings. Instead the government invited the Criminal Procedure Rule Committee (CrimPRC) to consider amendments to the Criminal Procedure Rules (CrimPR) to introduce, as far as possible, the spirit of the Law Commission’s recommendations. The consequent amendments to CrimPR Part 33 (now CrimPR Part 19) in combination with the making of the new Practice Direction CrimPD 33A (now CrimPD 19A) by the Lord Chief Justice resulted in what he described in his 2014 Criminal Bar Association Kalisher Lecture as ‘a novel way of implementing an excellent Report’. This paper considers the possible evolution of the common law in light of these amendments, the challenges associated with adopting such a novel approach to reform and the potential opportunities for the improvement of expert evidence in criminal proceedings that the changes were intended to create.