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Rofiq, Ahmad, Hari Sutra Disemadi i Nyoman Serikat Putra Jaya. "Criminal Objectives Integrality in the Indonesian Criminal Justice System". Al-Risalah 19, nr 2 (16.12.2019): 179. http://dx.doi.org/10.30631/al-risalah.v19i2.458.
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The integrality of the criminal justice system must be realized in every aspect of sub-systems, in substance, structure, and legal culture. In this respect, in the process of criminal justice, the three sub-systems’ integrality are required so that the criminal justice system is capable to produce fair legal decisions in the process of law enforcement in Indonesia. Until such a policy is undertaken, the law will always be harsh against the poor and weak against the rich. This paper discusses criminal objectives integrality in Indonesian criminal justice system and its influence in the integrated criminal justice system. Using a normative juridical method, this paper demonstrates that each sub-system of criminal justice (the Police, Prosecutors, Courts, and the prison) is in line with the main objectives of criminal law enforcement as found in various laws that govern the institutions.
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Rofiq, Ahmad, Hari Sutra Disemadi i Nyoman Serikat Putra Jaya. "Criminal Objectives Integrality in the Indonesian Criminal Justice System". Al-Risalah: Forum Kajian Hukum dan Sosial Kemasyarakatan 19, nr 2 (16.12.2019): 179–90. http://dx.doi.org/10.30631/alrisalah.v19i2.458.
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The integrality of the criminal justice system must be realized in every aspect of sub-systems, in substance, structure, and legal culture. In this respect, in the process of criminal justice, the three sub-systems’ integrality are required so that the criminal justice system is capable to produce fair legal decisions in the process of law enforcement in Indonesia. Until such a policy is undertaken, the law will always be harsh against the poor and weak against the rich. This paper discusses criminal objectives integrality in Indonesian criminal justice system and its influence in the integrated criminal justice system. Using a normative juridical method, this paper demonstrates that each sub-system of criminal justice (the Police, Prosecutors, Courts, and the prison) is in line with the main objectives of criminal law enforcement as found in various laws that govern the institutions.
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Beigy, Shahram. "Criminal Policy of Having Fair trial Components in the Criminal Justice System of Iran". Indian Journal of Law and Human Behavior 2, nr 2 (2016): 113–20. http://dx.doi.org/10.21088/ijlhb.2454.7107.2216.8.
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Pryce, Daniel K., i George Wilson. "Police Procedural Justice, Lawyer Procedural Justice, Judge Procedural Justice, and Satisfaction With the Criminal Justice System: Findings From a Neglected Region of the World". Criminal Justice Policy Review 31, nr 9 (28.01.2020): 1286–311. http://dx.doi.org/10.1177/0887403419900230.
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Although the impact of procedural justice on citizens’ satisfaction with the police and other branches of the criminal justice system has been tested in several geopolitical contexts, this is the first study to examine the relative impacts of police procedural justice, lawyer procedural justice, and judge procedural justice on satisfaction with a country’s criminal justice system. To assess the universal applicability of procedural justice, scholars must carry out research in all geopolitical regions. However, sub-Saharan Africa appears to be a region that scholars have neglected for far too long. As a result, the current study assesses the relative impacts of three strands of procedural justice—police, lawyer, and judge—on satisfaction with the criminal justice system in Kenya. Using a sample of 523 students from a prominent Kenyan university, we found that all three strands of procedural justice predicted satisfaction with Kenya’s criminal justice system under the country’s new Constitution, although judge procedural justice exerted the strongest influence on satisfaction. Also, less highly educated students (first-year students, compared to sophomores, juniors, and seniors) and male students were more satisfied with Kenya’s criminal justice system. The study’s implications for policy and future research are discussed.
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VILKS, Andrejs, i Aldona KIPĀNE. "Cognitive Aspects of Criminal Justice Policy". Journal of Advanced Research in Law and Economics 9, nr 5 (12.06.2019): 1798. http://dx.doi.org/10.14505//jarle.v9.5(35).35.
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The relevance of this article is that the criminal justice policy has not been given enough attention and is rarely mentioned in legal literature. The purpose of this article is to analyze the cognitive aspects of criminal justice policy. The article provides an insight into criminal justice policy in the area of crime prevention and combating. In the article the analysis of legal and criminal policy concepts are described, analyzing their nature. Criminal law policy is viewed, considering the requirements of international legal acts as well. Criminal law policy is also outlined as one of the instruments for solution of social problems. As to its nature, it is the activity of a special state and municipal institution type directed at strengthening of national legal system. This research will be readable for lawyers, judges and other people who is interesting in criminal justice system and its aspects.
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Panjaitan, Christin Novianty, Afriyanti Debora Tambunan, Richard Wilson Antonius i Lutfiadi Lutfiadi. "Criminal Conviction of Social Workers in the Criminal Justice System". LEGAL BRIEF 11, nr 6 (28.02.2023): 3614–21. http://dx.doi.org/10.35335/legal.v11i6.723.
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This study aims to analyze the concept of social worker sentencing policy, and to know the criminal law of social work as a solution to reduce overcapacity in Indonesian Correctional Institutions. This study uses a normative juridical method with analytical descriptive specifications. The findings showed that the current policy of imposing criminal sanctions is felt to be ineffective because every criminal who is proven and has the power of law to carry out legal proceedings in prison is still not appropriate if the weight of the crime is a minor offenses. As a solution, the imposition of criminal sanctions on social workers has been determined to be appropriate. It is necessary to have a criminal law policy so that what becomes a legal issue can be resolved effectively, likewise with the effectiveness of the provision of prison sentences, which are no longer in accordance with prison conditions, leading to an increase of 500 to 900 percent, which eliminates the duties and functions of Correctional Institutions as a coaching and protection institution for convicts. In conclusion, the policy of imposing criminal penalties on social workers is appropriate in order to reduce over capacity.
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Handayani, Tutut Suciati. "Comparative Criminal Law Policy Positives With Foreign Countries In The Criminal Law Prosecuting Perpetrators Of Criminal Acts Of A Child In Indonesia". Jurnal Daulat Hukum 1, nr 2 (5.06.2018): 337. http://dx.doi.org/10.30659/jdh.v1i2.3270.
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In this study the issues to be discussed are: the policy positive criminal law in the prosecution of perpetrators of criminal acts of a child, criminal law policy of foreign countries in the prosecution of perpetrators of criminal acts of children and the barriers prosecutor in carrying out the task of prosecuting perpetrators of criminal acts of child and how the efforts countermeasures. The research method that will be used is the juridical sociological approach. In order to obtain primary data and secondary data that is accurate to the writing of this study, the data collection by means of a literature study to find materials relating to the principles and rules of law relating to criminal procedure law and the criminal justice system of children. Based on the results of this research is still fragmented between the investigator and the prosecutor so that ultimately the criminal justice system is not optimal child be a solution to cope with the child as a criminal. The issue of children as criminals not only be approached only by using purely legal approach, but also must use the instrument of social and economic approaches. That in conducting the prosecution against children, public prosecutors are often encountered problems due to its law system, the apparatus structure and legal culture. therefore it is necessary for the reconstruction of the criminal justice system of Indonesia, so it can be used as a reference for events that are special laws such as the juvenile justice system.Keywords: Comparative, Policy, Criminal Law.
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Ratcliff, Kennedy. "Book Review: Daniel P. Mears, Out-of-Control Criminal Justice: The Systems Improvement Solution for More Safety, Justice, Accountability, and Efficiency. Cambridge University Press. 2017". Theory in Action 15, nr 3 (31.07.2022): 94–100. http://dx.doi.org/10.3798/tia.1937-0237.2221.
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In his book, Out-of-Control Criminal Justice, Daniel Mears writes about what he calls the Systems Improvement Solution, also called the Systems Solution. The Systems Solution is his solution for the way criminal justice policy is currently handled. Mears is an influential criminologist who is also the Mark C. Stafford Professor of Criminology at the Florida State University College of Criminology and Criminal Justice (Mears, n.d.). Along with Out-of-Control Criminal Justice, he is the author of Fundamentals of Criminological and Criminal Justice Inquiry, Prisoner Reentry in the Era of Mass Incarceration, and American Criminal Justice Policy (Mears, n.d.). He is well-versed in his field of criminal justice, research, and policy; his research has also been featured in multiple journals and media outlets (Mears, n.d.). In Out-of-Control Criminal Justice, Mears discusses every aspect concerning his Systems Solution- what a system is as a whole, the innerworkings of a system, how the Systems Solution can be used in other fields besides criminal justice, the emphasis on research, the multi-stakeholder policy process, the benefits of a Systems Solution, and many other pieces needed for a Systems Improvement Solution.
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Pryce, Daniel K., George Wilson i Kenethia Fuller. "Predictors of satisfaction with Kenya’s police and Kenya’s criminal justice system: Results from a sample of Kenyan college students". Police Journal: Theory, Practice and Principles 92, nr 4 (2.12.2018): 296–315. http://dx.doi.org/10.1177/0032258x18814281.
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Although the influence of procedural justice on citizens’ satisfaction and cooperation with police has been tested in several geopolitical contexts, this is the first study to examine the relationship between procedural justice and satisfaction with Kenya’s police and Kenya’s criminal justice system on a Kenyan college campus. Using a sample of 523 students from a prominent Kenyan university, we found that procedural justice and officer integrity predicted satisfaction with both Kenya’s police and criminal justice system. Also, more highly educated students (sophomores, juniors, and seniors, compared to freshmen) were more satisfied with both the Kenyan police and criminal justice system. Conversely, victims of crime in the community were less satisfied with Kenyan police, and students who had a negative personal experience with police were less satisfied with the country’s criminal justice system. Although instrumental factors of policing (e.g., police effectiveness) were not tested in this study, thus precluding a comparative assessment of normative and instrumental models of policing, this study contributes to the extant literature by pointing out the salience of procedural justice and officer integrity for improving the relationship between the police and the communities they are sworn to serve. The study’s implications for policy are discussed.
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Sarwadi, Sarwadi, i Bambang Tri Bawono. "Restorative Justice Approach in Diversion System for Settlement of Criminal Cases for Children in Indonesia". Jurnal Daulat Hukum 3, nr 4 (17.01.2021): 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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Vishwakarma, Shalinee. "scope of changes in the criminal law system in India". Linguistics and Culture Review 5, S4 (21.12.2021): 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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Maswandi, Maswandi, Fitriyah Ingratubun i Junaidi Abdullah Ingratubun. "RESTORATIVE JUSTICE FORMULATION POLICY IN THE JUVENILE CRIMINAL JUSTICE SYSTEM IN INDONESIA". Masalah-Masalah Hukum 52, nr 2 (31.07.2023): 187–96. http://dx.doi.org/10.14710/mmh.52.2.2023.187-196.
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The aim of this research is to understand and evaluate restorative justice formulation policies in the juvenile criminal justice system in Indonesia. The judicial normative method is employed in this research approach. It can be concluded that in order to achieve restorative justice for every child, to create a balance between the interests of the perpetrator and the victim, and to also pay attention to the impact settlement of criminal cases so that they can live, grow, and develop, it is necessary to pay attention to how these provisions can be implemented in society, not just in the formulation of all laws and regulations.
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Maryano i Yuhelson. "The Legal Policy of Corporation Legal Standing as Rechtpersoon at Indonesian Criminal Justice System". Southeast Asia Law Journal 2, nr 1 (18.04.2018): 19. http://dx.doi.org/10.31479/salj.v2i1.67.
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<p>Feature of corporation as activities-oriented for profit can lead to potential violations law or corporate crime. The criminal action corporations can arised because the impact of corporate activities arising from business contracts, product quality problems, failure of information technology systems and negligence of the administrative requirements for business licensing compliance. In other words, the legal entity of crime was often referred as corporate crime as violations committed by businesses to profit more quickly and maintains the company's reputation. The study concluded, first, the political dimension of the criminal law on corporation has general nature, that political criminal law founded in Criminal Code Bill which are oriented to the development of law by placing the corporation as a criminal, and need a codification law of Corporation. Second, The political criminal law also has special nature, which is found in 16 laws examined, in the contexts of criminal responsibility concepts and application of pattern of criminalas well as models of criminal sanctions can be imposed on perpetrators of criminal acts of the corporation.</p><p>Keywords: Corporate crime of law politics, legal standing, subject crime of law. <br /> <br /> <br /> <br /> <br /> <br /> <br /> </p>
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Boateng, Francis D., i Kimberly Kaiser. "Trust and Confidence in Media and Criminal Justice Institutions". International Journal of Offender Therapy and Comparative Criminology 63, nr 12 (12.05.2019): 2213–33. http://dx.doi.org/10.1177/0306624x19845784.
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In every society, the main purpose of the criminal justice system is to maintain social order and ensure that citizens comply with the law. To do this effectively, the police and court systems need citizen cooperation and obedience, and willingness to assist with criminal investigations and report crimes to the police. The purpose of this study is to examine the association between confidence in the media and confidence in the criminal justice institutions in South Africa. The study tests two objectives: to assess South Africans’ level of confidence in the police and courts, and to determine whether citizens’ levels of confidence in both the print and televised media will influence their levels of confidence in the police, courts, and in the criminal justice system in general. Utilizing data from the World Values Survey, results reveal a significant and positive relationship between confidence in the media and confidence in the criminal justice institutions. Policy implications of this observation are discussed.
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Erez, Edna. "The Impact of Victimology on Criminal Justice Policy". Criminal Justice Policy Review 3, nr 3 (październik 1989): 236–56. http://dx.doi.org/10.1177/088740348900300302.
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The emergence of victimology and the renewed interest in victims of crime led to many changes in the way the criminal justice system responds to victims. This article assesses the impact of victimology on criminal justice policy and examines some of the anticipated and unanticipated consequences of activities on behalf of victims. It addresses the various victims' needs, evaluates efforts by criminal justice agencies to meet them, and identifies barriers to implementing the programs. Proposals for constitutional amendments and activities on behalf of victims on the international level are also discussed. The article concludes with some of the problems emerging from activities on behalf of victims, and implications for criminal justice policy.
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Kvasha, Roman. "Juvenile anti-criminal policy: concepts and tasks". Yearly journal of scientific articles “Pravova derzhava”, nr 33 (wrzesień 2022): 507–15. http://dx.doi.org/10.33663/1563-3349-2022-33-507-515.
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Introduction. Signifi cant prevalence of juvenile delinquency, primarily violent and selfi sh, is due to many factors: the destruction of the school education system, including lack of patriotic upbringing of adolescents, uncontrolled demonstrations of violence in the media and the Internet, defects in family upbringing, neglect youth and other shortcomings of public policy in this area. The primary need of any state is to ensure the comprehensive development and self-realization of every child, so the support of young people should be one of the main priorities of social policy. Insuffi cient attention of the state to the problem of juvenile delinquency determines the deepening of delinquent manifestations in society, disregard for socio-cultural norms, increasing recidivism and violence. The aim of the article. Development of the concept of juvenile anti-crime policy and establishment of its tasks at the present stage. Results. Juvenile anti-crime policy is proposed to be understood as the strategy and tactics of the state in the fi eld of combating juvenile delinquency, which determine the directions, goals and means of infl uencing juvenile delinquency, legal regulation of criminal liability of such persons and its implementation by criminal justice, juvenile justice system. juvenile delinquency. Conclusions. All components of juvenile anti-crime policy, namely the legislation on criminal liability of minors, the practice of its application, juvenile justice and prevention, are in functional dependence and interaction. The mechanism of this interaction is such that changes in one element necessarily lead to corresponding changes in other elements of such a policy. At the present stage, Ukraine’s juvenile anti-criminal policy has the main tasks of forming a juvenile justice system capable of guaranteeing restorative, rehabilitation, protective and educational justice, as well as ensuring eff ective juvenile prevention, social adaptation and resocialization of juvenile off enders. Key words: juvenile delinquency, child, juvenile policy, anti-criminal policy, juvenile justice.
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Hepworth, Diana. "A critical review of current police training and policy for autism spectrum disorder". Journal of Intellectual Disabilities and Offending Behaviour 8, nr 4 (11.12.2017): 212–22. http://dx.doi.org/10.1108/jidob-06-2017-0011.
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Purpose The purpose of this paper is to critically review the current police training and criminal justice policy regarding the treatment of suspects with autism spectrum disorder (ASD) during the initial stages of the criminal justice system (CJS), and provide potential policy reform and areas for further research. Design/methodology/approach By reviewing extant literature, research and policy documents, this paper provides a critical review of the current policy and training for dealing with suspects with ASD in the current CJS in England and Wales for suspects with ASD. Findings This paper proposes that current policy and police staff training is insufficient during all initial stages of the criminal justice process. Although there are emerging policies and schemes which are promising, they require further research and national participation. Policy reform and improved training is required to ensure minimal opportunities for miscarriages of justice to those individuals with ASD. Originality/value This paper provides a chronological journey through the initial stages of the CJS in England and Wales for a suspect with ASD, and the challenges that they may face. Suggestions are made based on criminological and psychological research to remedy the potential opportunities for miscarriages of justice.
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Rothman, M. B., i B. D. Dunlop. "Elders and the Criminal Justice System: A Policy Perspective". Public Policy & Aging Report 10, nr 4 (1.01.2000): 1–13. http://dx.doi.org/10.1093/ppar/10.4.1a.
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Kwon, Joon Sung, Mun Jung Hyun i Se Yeun Wang. "A Study on the Criminal Justice Rehabilitation System of Finland". Forum of Public Safety and Culture 19 (30.11.2022): 261–75. http://dx.doi.org/10.52902/kjsc.2022.19.261.
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The method of crime suppression through punishment-oriented punishment and detention has clearly revealed its limitations in criminal policy research and practice in many countries, which is the same in Korea. In Korea, the number of people in correctional facilities has been steadily increasing since 2009. In addition, among prisoners sentenced to imprisonment or higher in the last 10 years, at least 40% return to correctional facilities, which reveals that many prisoners have not been able to adapt to society since the end of their detention. In addition, in the case of this type of detention, it appears to have a huge negative impact on not only the detainees but also their families and neighbors, so relying entirely on it has been pointed out as a factor that hinders social integration and development. Accordingly, it is restorative justice that is attracting attention as an alternative to solving this problem more efficiently. Restorative justice is a paradigm for preventing recidivism that aims to help criminals adapt to society and return to their members through coordination and mutual consultation between victims, perpetrators, and community members. In particular, the crime rate is steadily decreasing every year in Nordic countries, and it is considered that exploring their correctional policies and systems will be of great help to operate our criminal justice policy. Among them. Finland is a country and a representative welfare state that uses a representative restorative justice-based correctional policy, and has a stable system for the legal protection system, specific operational methods, and examples. Therefore, although domestic criminal policy research promoting the development of the restorative justice and legal protection welfare system needs to be actively explored and accepted, such research is still very insufficient in Korea. Therefore, this study seeks to explore the direction of the domestic legal protection welfare system through a review of Finland's criminal policy and legal protection welfare system, and to find ways to supplement and improve the deficiencies in the future. So, this study introduces Finland's legal protection and welfare system through research papers, national reports, and government statistics, and reviews our differences and suggests the current status and future direction of our legal protection and welfare system.
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Bohn, Sarah, Matthew Freedman i Emily Owens. "The Criminal Justice Response to Policy Interventions: Evidence from Immigration Reform". American Economic Review 105, nr 5 (1.05.2015): 214–19. http://dx.doi.org/10.1257/aer.p20151042.
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Changes in the treatment of individuals by the criminal justice system following a policy intervention may bias estimates of the effects of the intervention on underlying criminal activity. We explore the importance of such changes in the context of the Immigration Reform and Control Act of 1986 (IRCA). Using administrative data from San Antonio, Texas, we examine variation across neighborhoods and ethnicities in police arrests and in the rate at which those arrests are prosecuted. We find that changes in police behavior around IRCA confound estimates of the effects of the policy and its restrictions on employment on criminal activity.
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Steffen, Jason R. "Moral Cognition in Criminal Punishment". British Journal of American Legal Studies 9, nr 1 (29.05.2020): 143–79. http://dx.doi.org/10.2478/bjals-2020-0002.
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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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Friedmann, Robert R., R. Barry Ruback i W. S. Wilson Huang. "A Research Agenda for Criminal Justice in Georgia: Consensus across Agencies". Criminal Justice Policy Review 6, nr 3 (wrzesień 1992): 261–74. http://dx.doi.org/10.1177/088740349200600305.
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The Georgia Statistical Analysis Bureau (SAB), a joint effort of Georgia State University and state criminal justice agencies, was established to integrate and analyze criminal justice data. Its research effort is aimed at providing timely, practical information regarding the criminal justice system to policy analysts, the Governor, legislators, other elected officials, and members of the public interested in criminal justice issues. The SAB's first goal was to develop an empirically-based systematic agenda for criminal justice research in Georgia. To achieve this initial goal, the SAB conducted a mail survey of criminal justice practitioners. Across criminal justice agencies, there was a consensus regarding the research areas that the SAB should address in its initial years. This survey served as a basis for a systematic research agenda defined by the long-term interests of the entire criminal justice community. The research approach and the results reported here are valuable for criminal justice planners, policy makers, and researchers who are interested in making empirically grounded professional decisions.
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Rise Karmilia i Dani Kurniawansyah. "Kebijakan Sistem Pemidanaan Dalam Upaya Perlindungan Hukum Terhadap Anak Sebagai Pelaku Tindak Pidana". Journal Of Juridische Analyse 1, nr 01 (6.01.2022): 1–13. http://dx.doi.org/10.30606/joja.v1i01.1156.
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The policy of the criminal justice system based on the Diversion and Restorative Justice criminal justice system has been regulated in Law no. 11 of 2012 concerning the Juvenile Criminal Justice System (UU SPPA) prioritizes peace over the formal legal process. The essential changes include the use of a Restorative Justice approach through a diversion system. The purpose of this paper is to analyze and describe the implementation of the policy of the criminal system through restorative justice in Indonesia, especially related to the process of resolving criminal cases and to find out the legal efforts of rehabilitation through community mentors to foster children as perpetrators of criminal acts. This research is included as a normative legal research research using a study approach that examines the problems to be discussed using legal regulations in the form of secondary data (primary, secondary and tertiary legal materials). The analysis was carried out qualitatively and the discussion of the problem formulation using library research. This legal facility aims to anticipate the stigma caused when a child is in conflict with the law, as well as to restore and re-socialize the child. One solution is to divert or place the perpetrators of child crimes out of the criminal justice system and provide an alternative for settlement with a restorative justice approach with assistance carried out by community coaches.
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Dan, Kato. "Defilement and the Ugandan Criminal Justice System". NEWPORT INTERNATIONAL JOURNAL OF CURRENT RESEARCH IN HUMANITIES AND SOCIAL SCIENCES 4, nr 3 (21.04.2024): 89–93. http://dx.doi.org/10.59298/nijcrhss/2024/4.3.8993.
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Defilement stands out from the obstacles suffered by the Uganda's children. Defilement, a sexual offence, that involves having canal knowledge with a kid under the age of majority, regardless of sex, poses a societal hazard and hindrance. Despite the provisions of the criminal law in Uganda, official statistics on defilement continue to be climbing yearly. This anomaly has taken many legislators aback and made them confused on how to approach it. This confusion necessitated the present study that thoroughly examined defilement and the Ugandan criminal justice system. The study secondarily sourced its data from textbooks, policy briefs, newspaper publications, journal articles, technological blogs, court decisions and statutory provisions. The study recommends constant awareness on defilement risks to be raised by the government. This is because lack of legal awareness makes destruction of evidence by the victims who rush to bathe after being defiled. In certain cases, the victim shields the abuser from police. Additionally, there should be enhancing record keeping to help victims prove defilement components like age. Due to lack of birth certificates for some children, which makes it hard to determine the victim's age, the need for medical personnel to be informed of defilement cases so they can assist in prosecution, and the need to train law enforcement agents on how to handle defilement cases, record keeping should be improved. More so, there need for increase in the number of remand homes for child offenders. This is crucial given Uganda's high child-to-child sex rate. Child perpetrators need remand centres, and more remand houses should be established to accommodate the vulnerable state of defiled victims. Keywords: Child perpetrators, Criminal justice system, Defilement, Offenders, Remand centres.
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Akhtar, Zia. "Young Offenders, ‘Secure Colleges’ and Reforming Criminals". Journal of Criminal Law 79, nr 3 (czerwiec 2015): 211–28. http://dx.doi.org/10.1177/0022018315586168.
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The UK government has decided on a policy goal that is set out in the Criminal Justice and Courts Bill 2014. This goal is to invest in ‘Secure Colleges’, which are institutions planned to make young criminals ‘better citizens not better criminals’. The question is: What is the role of punishment: deterrence, incapacitation or rehabilitation? This article considers the juvenile justice system in Scotland with reference to the objectives set out in the Kilbrandon Report in 1964 and evaluates the perspective of early criminologists who state that offenders exercise a free choice in embarking on a life of crime. It is also evaluated in the light of those empirical studies that expose the harsh discipline and control in prisons as ‘oppressive’ and not likely to reform the offenders. The UK policy regarding young offenders underwent a change after the James Bulger murder in 1993 and became a deterrence-based approach. This has led to measures on both sides of the border which were retributive, such as the lowering of the age of criminal responsibility and the early intervention of probation services. This article considers the modern themes of juvenile justice and argues that the ‘Secure Colleges’ will be a corrective institution that should inculcate a more informed policy towards reintegration for the young offenders so that they emerge from the criminal justice system as improved citizens after completing their sentence.
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Awaliah Nasution, Nurul Putri, Fathul Hamdani i Ana Fauzia. "The Concept of Restorative Justice in Handling Crimes in the Criminal Justice System". European Journal of Law and Political Science 1, nr 5 (28.11.2022): 32–41. http://dx.doi.org/10.24018/ejpolitics.2022.1.5.37.
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Settlement of criminal cases through restorative justice, focusing directly on perpetrators, victims, and the community in the process of resolving criminal cases, Formulation of the problem how the concept of restorative justice in criminal law reform and prospects for the formulation of restorative justice in criminal law reform, using normative research methods. Based on the results of the study, it can be concluded that the concept of restorative justice can become permanent legal politics in building the national criminal law system in the future. The draft Criminal Code has accommodated the principle of restorative justice participation as a method of resolving problems outside the court, so it is very possible if the concept of restorative justice is used as a criminal law reform in Indonesia in the future and the prospects for the formulation of restorative justice in criminal law reform have been adapted in Indonesian law by the existence of regulations made by law enforcement, where the principle of restorative justice regulated in the internal provisions of case settlement from law enforcement and it is implemented sectoral and doesn’t use a criminal law policy theory approach, namely the renewal of criminal law through the formation of laws and restorative justice theory as a whole, namely as the approach to the concept of restorative justice. The response to a restorative justice settlement has received a positive appreciation from the community and law enforcement officials. It is suggested the need to accommodate the settlement of criminal cases through restorative justice against criminal acts in the Criminal Procedure Code and the Criminal Code that will come with certain conditions. Such a process also needs to be applied at all stages of the examination, starting from the investigation, prosecution, and trial.
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Salet, Renze, i Jan Terpstra. "Criminal justice as a production line: ASAP and the managerialization of criminal justice in the Netherlands". European Journal of Criminology 17, nr 6 (25.02.2019): 826–44. http://dx.doi.org/10.1177/1477370819828332.
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Since the 1990s criminal justice systems in West European countries have increasingly been affected by the process of managerialization. The managerialization of criminal justice may result in fundamental tensions between different sets of values: efficiency and cost-effectiveness against values such as the rule of law or careful decision-making. This article concentrates on one example of the managerialization of criminal justice: the policy programme ASAP (As Soon As Possible) in the Netherlands, aimed at making the settlement of cases of high-volume petty crime both faster and more efficient. The introduction of ASAP has resulted in a strong standardization of work processes and strict time limits, for both the police and the public prosecution service. In this article we analyse how ASAP operates in practice and to what degree the policy goals of ASAP are realized. This analysis shows that the introduction of ASAP has transformed an important part of the Dutch criminal justice system into an assembly or production line. This example of the managerialization of criminal justice has resulted in important tensions between, on the one hand, managerial values and, on the other, the values of occupational (legal) professionalism.
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Copic, Sanja. "The notion and basic principles of restorative justice". Temida 10, nr 1 (2007): 25–35. http://dx.doi.org/10.2298/tem0701025c.
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One of the most important achievements of the contemporary criminal justice system and criminal policy is development of the concept of restorative justice. Contemporary concept of restorative justice was developed in 1970s on the basis of the criticism of the traditional criminal law and criminal justice system. Since that time, it has been developing through different programs in many countries. Reform of the criminal justice system in Serbia staring from 2002 went into direction of entering elements of restorative justice into existing criminal justice system. In that sense, development of restorative justice is still at the beginning in our country. However, it can be noticed that there is a low level of awareness on the nature and importance of restorative forms of response to crime among our professionals, as well as a lack of understanding of the concept itself. Due to that, the aim of the paper is to enable better understanding of restorative concept in general through defining restorative justice and basic principles it relies on. That may put a basis for further recognition of restorative elements in our criminal justice system, which may provide adequate implementation of relevant provisions of restorative character in practice. .
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Miranda Rodrigues, Anabela, i Sónia Fidalgo. "The role of Artificial Intelligence (AI) in rehabilitation and in the reduction of the use of imprisonment". UNIO – EU Law Journal 10, nr 1 (19.05.2024): 42–53. http://dx.doi.org/10.21814/unio.10.1.5785.
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Over the past few decades, the criminal justice system has experienced a shift towards risk management (actuarial justice). The New Public Management ideology has also entered the field of criminal policy and currently there is a growing recognition of the importance of adopting an Offender Management System. This new way of managing the criminal justice is increasingly supported by Artificial Intelligence and related digital technologies. The use of these technologies has enormous potential from a rehabilitation perspective. However, the current trend is to use them mainly for security and control purposes. This analysis examines whether the goal of rehabilitation can still be accommodated in a criminal justice system with the aforementioned characteristics. Criminal policy has the responsibility to ensure that the control it imposes on citizens can be balanced by an ethical use of digital technologies, which effectively contributes to rehabilitation and to the reduction in the resort to imprisonment.
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Saefudin, Wahyu, i Nasirudin Nasirudin. "IMPLEMENTATION OF RESTORATIVE JUSTICE BY PROBATION AND PAROLE OFFICERS IN INDONESIA". Journal of Correctional Issues 5, nr 1 (30.06.2022): 1–11. http://dx.doi.org/10.52472/jci.v5i1.83.
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The cases enforcement of children in conflict with the law has shifted from retribution to restorative. This policy transformation was in line with the ratification of Act 11/2012 on the Juvenile Criminal Justice System, which replaced Act 3/1997 on Juvenile Court. This study aims to examine the role of community mentors in Indonesia, both before and after implementing the Juvenile Criminal Justice System Act. This study utilizes a qualitative approach through literature review with primary data originating from legislation, scientific journals, and books then studied systematically and described descriptively. The study results explain that probation and parole officers have a significant role in implementing restorative justice in Indonesia. This role has been proven to reduce the number of child criminals who must end up in prison. This study shows differences in the number of prison sentences for children before and after the enactment of the Juvenile Criminal Justice System Act. Probation and parole officers are at the forefront of implementing restorative justice in Indonesia through their duties and functions
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Prakosa, Cahyo Dwi, Umar Ma'ruf i Achmad Sulchan. "The Law Enforcement Policy On Traffic Accident By Police". Law Development Journal 4, nr 3 (16.08.2022): 347. http://dx.doi.org/10.30659/ldj.4.3.347-354.
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The purpose of this research is to find out and analyze the law enforcement against traffic accidents by the police in the jurisdiction of the Batang Resort Police. To know and analyze the factors that hinder the settlement of traffic accident casesin the jurisdiction of the Batang Resort Police. To know and analyze the law enforcement policies by the police to handle traffic accidents in the jurisdiction of the Batang Resort Police. This study uses a sociological juridical approach, with a descriptive analytical research specification. The data used in this study are secondary data obtained from literature study. The data were analyzed in a qualitative juridical manner. The results of this study are Law Enforcement Against Traffic Accidents by the Police is law enforcement can be done penal and non-penal. Law enforcement efforts through the penal route focus more on the repressive nature (oppression/eradication/suppression) after the crime has occurred, while the non-penal route focuses more on the preventive nature (enforcement/deterrence/control) before the crime occurs. Basically law enforcement is the implementation of criminal policy (criminal policy) by using criminal policies carried out through the mechanism of the criminal justice system (criminal justice system).The factors that hinder the settlement of traffic accident cases are: Summoning or Presenting a Witness and Factors Lack of Legal Knowledge. Policies for Law Enforcement by the Police for Handling Traffic Accidents are by conducting blue patrols at violator-prone hours on the road, conducting cross patrols, socialization (security, safety, traffic order to road users), and installing banners at traffic accident-prone points.
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Aji, Wikan Sinatrio. "The Implementation of Diversion and Restorative Justice in the Juvenile Criminal Justice System in Indonesia". Journal of Indonesian Legal Studies 4, nr 1 (23.04.2019): 73–88. http://dx.doi.org/10.15294/jils.v4i01.23339.
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Children are a younger generation successor to the nation that must be protected. In some cases children can do a mischief that fall into the categories of offenses and called as children in conflict with the law. Children in conflict with the law is different in terms of handling the criminal offenses committed by adults. Currently with Law Number 11 of 2012 on the Criminal Justice System of Children (SPPA) which has sought diversion and restorative justice in terms of handling child conflict with the law. From the results of this study concluded that the policy formulation the concept of diversion and restorative justice pursuant tonLaw Number 11 of 2012 on the Criminal Justice System of Children (SPPA) and its implementation rules have been set regarding policy concept of diversion and restorative justice with the aim that children who commit acts the criminal is no longer confronted in the judicial process but through an alternative solution,namely the completion of which is the restoration to its original state (restorative justice) will but of formulating the policy is still not perfect because it found some weakness. While in the implementation of diversion and restorative justice in the the settlement of children in conflict with the law in Pati District Court already sought remedies which reflect restorative justice approach by implementing law enforcement diversion and restorative justice but there are still many obstacles occurred in the settlement of children in conflict with the law in Pati District Court.
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Martin, Liam. "The globalization of American criminal justice: The New Zealand Case". Australian & New Zealand Journal of Criminology 51, nr 4 (7.12.2017): 560–75. http://dx.doi.org/10.1177/0004865817745938.
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The international influence of American criminal justice policy has been a central focus of research on policy transfer and comparative penology. With scholars divided between those emphasizing international convergence around United States policy, and others stressing ongoing American exceptionalism, it has become important to trace the extent of this influence not only across different countries but within particular national contexts. This article examines the impact of American criminal justice policy in New Zealand. I present three case studies exploring developments in different arms of the criminal justice system: the introduction of three strikes sentencing laws, the adoption of supermax principles of prison design and administration, and the use of zero tolerance and broken windows policing strategies. In tracing these changes, I find globalization opening new channels for the movement of policy that are often outside the control of the criminal justice establishment.
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Prichard, Jeremy. "Net-Widening and the Diversion of Young People From Court: A Longitudinal Analysis With Implications for Restorative Justice". Australian & New Zealand Journal of Criminology 43, nr 1 (kwiecień 2010): 112–29. http://dx.doi.org/10.1375/acri.43.1.112.
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Internationally, many youth justice systems aim to divert young people from court through informal mechanisms, such as police cautions and restorative conferences. Among other things, diversion avoids the potentially criminogenic effects of formal contact with the criminal justice system. However, in some instances, the sum of court appearances and diversionary procedures indicates an overall increase in the numbers of young people having contact (formal or informal) with the criminal justice system — a phenomenon known as net-widening. This article summarises previous debates about the risks of net-widening. It then presents results from analysis of over 50,000 police records pertaining to young people's contact with the Tasmanian criminal justice system between 1991 and 2002. Across that decade, court appearances markedly reduced, while a corresponding increase in diversions was recorded. There was no evidence of net-widening. However, there was a significant increase in detention orders. Implications for policy and future research are considered.
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Rasdi, Rasdi, Pujiyono Pujiyono, Nur Rochaeti i Rehulina Rehulina. "Reformulation of the Criminal Justice System for Children in Conflict Based on Pancasila Justice". Lex Scientia Law Review 6, nr 2 (20.12.2022): 479–518. http://dx.doi.org/10.15294/lesrev.v6i2.58320.
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The writing of this paper aims to examine the policy of the criminal justice system for children in conflict with the law and reformulation of the criminal justice system for children in conflict with the Pancasila justice. The main problem in writing this paper is that why it is considered important to reform the criminal justice system for children in conflict with the law based on Pancasila justice? This study uses secondary data by analyzing the laws of the juvenile justice system in Indonesia and comparing them to the laws and regulations regarding the juvenile justice system in Greece and Yoslavia. The results of the study found that the age requirement for criminal responsibility for children is too low, namely 12 (twelve) years and the terms of diversion, that the threat of criminal acts that can be carried out by diversion and not repetition of criminal acts is not in line with the aim of diversion, namely to prosper and achieve the best interests of children such as recommended by the Convention on the Right of the Child and The Beijing Rules. Therefore, it is important to reformulate/reformulate immediately regarding these diversion requirements. The conclusion of this paper emphasizes the importance of reformulating the criminal justice system for children in conflict with the law (the criminal child) based on Pancasila justice.
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Taylor-Baer, Charlotte, i Gail Anderson. "Plagues in Our Criminal Justice System". Wrongful Conviction Law Review 4, nr 3 (4.03.2024): 191–224. http://dx.doi.org/10.29173/wclawr103.
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This study compared the causes of wrongful convictions in Canada, the United States, the United Kingdom, Australia, and New Zealand to a) determine the main causes of wrongful convictions in different countries, b) determine if the cause(s) of wrongful convictions significantly differ between each country, c) determine what, if any, recommendations arose from these cases, and d) if any of these recommendations could be implemented in a Canadian setting. The main causes were witness perjury, forensic error, and procedural error (Canada), witness perjury (US), witness perjury and police misconduct (UK), police misconduct (Australia), and procedural error (New Zealand). Kruskal-Wallis tests indicated significant differences in distribution between these countries for medicolegal death investigations, bitemark analysis, procedural error, police misconduct, inadequate legal defence, eyewitness misidentification, and witness perjury. Objectives c and d were addressed through a content analysis resulting in the following five themes emerging: lack of accountability, education, accessibility, discrimination, and post exoneration.
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Ashriani, Sheilla Manzila. "The Intersection of Anthropology and Criminal Law: Insights for Policy and Practice". Jurnal Ar Ro'is Mandalika (Armada) 3, nr 2 (12.03.2024): 75–83. http://dx.doi.org/10.59613/armada.v3i2.2837.
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The intersection of anthropology and criminal law offers valuable insights for informing policy and practice in the criminal justice system. This article explores the dynamic relationship between anthropology and criminal law, highlighting the contributions of anthropological research to understanding crime, criminal behavior, and the functioning of legal systems. Through a qualitative approach, this study conducts a comprehensive review of relevant literature and utilizes library research methods to synthesize key findings. The analysis reveals that anthropology provides unique perspectives on cultural norms, social structures, and power dynamics that influence the formulation and application of criminal laws. By examining diverse cultural contexts, anthropologists uncover the complexities of crime and justice, shedding light on issues such as legal pluralism, cultural defense, and the role of indigenous justice systems. Furthermore, anthropological insights challenge conventional approaches to criminal justice, emphasizing the importance of context- specific interventions and culturally sensitive practices. This article identifies five key themes that emerge from the literature review: cultural relativism, legal pluralism, the social construction of crime, indigenous justice systems, and the impact of globalization on legal norms. These themes offer valuable lessons for policymakers, legal practitioners, and criminal justice professionals seeking to develop more effective and culturally responsive approaches to crime prevention, law enforcement, and criminal adjudication. By bridging the gap between anthropology and criminal law, this research contributes to a deeper understanding of the complexities of crime and justice in diverse cultural contexts.
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Vilks, Andrejs. "Criminal Policy as a Basis for the Sustainable Development or Public Security". European Journal of Sustainable Development 8, nr 5 (1.10.2019): 115. http://dx.doi.org/10.14207/ejsd.2019.v8n5p115.
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Sustainable development of public security should be based on a balanced, rational and effective criminal justice policy. Criminal justice policies can be perceived, valued and also implemented as a set of scientific theories and concepts on the conceptual, strategic and tactical elements of preventing and combating crime and other anti-social phenomena. The fight against crime can be recognized as an element of the cultural environment. It is not possible to achieve the effective functioning of society and its legal system without relying on general human norms and values. The criminal justice approach reflects the common values of the society, which are directed to the interests primarily protected. Criminal justice policy is concerned with the detection of criminogenic processes, crime, their determinants and the effectiveness of measures to prevent and combat crime.Keywords: Crime, Criminal policy, societal development, public security
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Rahiminejad, Esmaeil. "Iranian Criminal Justice System from the Perspective of Restorative Justice Models". Scholars International Journal of Law, Crime and Justice 5, nr 10 (18.10.2022): 468–76. http://dx.doi.org/10.36348/sijlcj.2022.v05i10.010.
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Different systems of criminal policy including governmental and social have followed various restorative justice models such as "abolitionist or pure-minded", "separatist or autonomous" and "reformist or maximalist", based on their prevailing political, doctrinal, and ideological values and discourses, and in this regard have focused on various restorative programs such as arbitration councils, mediation, family sessions, as well as healing and sentencing circles. Iranian criminal justice system, unlike other systems, has adopted a different approach to restorative justice, due to its special legal and political structure. This paper analyzes the structure of this system from the perspective of restorative justice models and processes. It explains the prevailing and common model of restorative justice in this system and its limitations and challenges.
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Sungi, Simeon P. "Addressing violations of international humanitarian law through the international criminal justice system: A criminologist’s contribution". South African Journal of Criminal Justice 33, nr 3 (2020): 670–84. http://dx.doi.org/10.47348/sacj/v33/i3a8.
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The international criminal justice system has resorted to criminal sanctions as the sole response to international criminal offending, including international humanitarian law (IHL) violations. While responding to international criminal offending, the international criminal justice system has overly relied on utilitarianist and retributivist assumptions to criminal punishment that assumes the application of criminal law in enforcing compliance to societal norms in order to deter potential norm violators and to induce compliance. Furthermore, correcting criminal behaviour creates a sense of accountability and appeases victims of international humanitarian law violations and other international crimes. Arguments in support of this strategy also posit that it is important to take these steps because it brings a sense of respect to the rule of law or what is popularly known as fighting ‘impunity’. A reflection on the Nuremberg and the Tokyo trials following World War II seems to have influenced the criminalising of war crimes and other international crimes. On the other hand, criminologists over a century now have been studying causes of crime to influence public policy in crime prevention. It is, therefore, imperative to examine the aetiology of international humanitarian law violations through a criminological lens to inform international criminal justice policy on best approaches in responding to international crimes in general and war crimes in particular. The essay examines international humanitarian violations in the Democratic Republic of Congo to find out whether the international criminal justice system’s response to war crimes meet the purported stated goals of the international criminal justice system. The Lubanga case in the DRC situation is informative since it is the first conviction before the International Criminal Court.
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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.
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Rochaeti, Nur, Mujiono Hafidh Prasetyo, Umi Rozah i Jihyun Park. "A Restorative Justice System in Indonesia: A Close View from the Indigenous Peoples’ Practices". Sriwijaya Law Review 7, nr 1 (27.01.2023): 87. http://dx.doi.org/10.28946/slrev.vol7.iss1.1919.pp87-104.
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The Indonesiancrime rate until May 2020 increased due to public orders and crime disturbances in the last 22 weeks.Data from correctional institutions in February 2021 showed that some regional offices were over capacity while others were normal. The 1945 IndonesianConstitution recognises traditional institutions in the criminal justice system and requires judges to consider legal values and a sense of justice in society. This study aims to determine Indonesia's customary criminal justice system as a form of restorative justice. This research used a socio-legal approach and found that public participation in Indonesia, through customary groups, can help prevent crime and solve problems through discussion and following applicable customary law processes. As a result, Indonesian researchers have regulated and recognised customary justice's existence and implemented it to deal with cases in their environment. Restorative justice is a criminal mechanism that aims to restore the relationship of the conflicting parties to the state before the conflict and is carried out informally. This concept is also an acknowledgement of oriental legal philosophy which, in resolving any conflict, always seeks to restore relations; macro stability or society can even affect the stability of the universe. The practice of Restorative Justice occurs in customary law. As a legal philosophy, the legal policy of implementing Restorative justice should be interpreted mainly as revitalising customary law if conflicts occur between fellow supporters of the same customary law. The settlement of cases in the Baduy community is straightforward. The settlement prioritises forgiving each other. Restorative justice is performed by combining criminal justice mechanisms with public participation in a discussion mediation.
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Baker, Thomas, i Jacinta M. Gau. "Female Offenders’ Perceptions of Police Procedural Justice and Their Obligation to Obey the Law". Crime & Delinquency 64, nr 6 (13.07.2017): 758–81. http://dx.doi.org/10.1177/0011128717719418.
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Although the process-based model of criminal justice has received substantial empirical attention, few previous studies have examined individuals embedded in a criminal lifestyle and at the most risk for future offending, and few have focused exclusively on female offenders. Employing structural equation modeling, the present study tests the process-based model of self-regulation among a sample of 694 incarcerated females. Specifically examined is the effect of perceptions of voice in respondents’ most recent encounter with police on their perceptions of police procedural justice and the impact of respondents’ procedural justice perceptions on their perceived obligation to obey the law. Results reveal support for the process-based model among serious female offenders, though the impact may be attenuated by increased experience with the criminal justice system. Policy implications are discussed.
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Silaen, Febriyanti, i Syawal Amry Siregar. "HUBUNGAN KEBIJAKAN KRIMINAL DENGAN KEBIJAKAN HUKUM PIDANA". Jurnal Darma Agung 28, nr 1 (20.05.2020): 8. http://dx.doi.org/10.46930/ojsuda.v28i1.455.
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The problem of overcoming crime in the community cannot be separated from the word Criminal policy which is carried out in the efforts of criminal policy and political policy. The relationship of criminal policy with criminal law policy is equally tackling crime where one is, by means of a penal effort while the difference is with non-criminal words or with the enforcement system only, if the criminal policy uses the word criminal justice system, with some crime prevention and handling by means of Penalty has several stages: Formulation (Legislative Policy), Application (Judicial or Judicial Policy); Execution (Executive Policy). Criminal countermeasure policy is the same as criminal law policy, which is protecting society to achieve social welfare. The effectiveness of criminal sanctions can be an important aspect to support the achievement of the criminal policy.
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Brown, Elaine, i Jonathan Crego. "Homocide co-victims: confidence in the criminal justice system". Journal of Criminological Research, Policy and Practice 5, nr 3 (16.09.2019): 240–52. http://dx.doi.org/10.1108/jcrpp-03-2019-0020.
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Purpose The purpose of this paper is to address the phenomenology of family members of homicide victims; known as “co-victims”. In particular, co-victims experiences of the criminal justice system (CJS) in England and Wales. Design/methodology/approach In 2018, 10 kV methodology facilitated an electronic-focus group. Anonymously, volunteers from families of homicide victims responded to key questions in a session entitled “a conversation which matters: confidence”. The thematic analysis presents the responses to three questions around “what works” and “what does not” in CJS practice. Findings The responses indicate four themes in relation to confidence building: communication and information; outcome; honesty and fairness; and family support. Responses indicate three themes in relation to what the CJS does well: family liaison officers, homicide detectives and court services. Responses indicate three themes in relation to what is not working: court proceedings, police budget cuts and preventative interventions. Research limitations/implications The research considers benefits and limitations of methodology and makes suggestions for how these facets could be addressed by future research. Practical implications The research findings reveal good practice and points for attention to support confidence building in the CJS. Amongst other considerations, the work advances CJS practical good practice principles from the perspective of co-victims: education, interpersonal relations, working together, communication and justice. Originality/value Findings are of value to CJS policy makers, training and education for co-victim support, police and academics.
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Ihsan, Muhammad, Maroni Maroni i Ruben Achmad. "Restorative Justice for Users of Narcotics Through Implementation of Depenalization". Fiat Justisia: Jurnal Ilmu Hukum 16, nr 2 (19.07.2022): 141–52. http://dx.doi.org/10.25041/fiatjustisia.v16no2.2649.
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Restorative Justice is a policy that puts a focus on recovery rather than retaliation. The Restorative Justice implementation, considered more effective in terms of Justice and effectiveness, makes the Restorative Justice policy renewal of the criminal law system in Indonesia. The writing of this article uses a descriptive-analytical research method that prioritizes a normative juridical approach, with the formulation of the problem regarding the role of Restorative Justice as an effort to reform criminal law and the implementation of Restorative Justice as an alternative step in law enforcement for narcotics crimes. The result of this article is that the policy regarding Restorative Justice in its application is an update in law, especially criminal law. Conventional Justice Policies which are considered ineffective in their application are now being updated through the Restorative Justice policy; in addition to the context of the application, which is not only applied within the scope of general criminal law, in Narcotics crimes, a criminal settlement mechanism is also applied using Restorative Justice policies as stated in the Circular Letter of the Supreme Court Number 4 of 2010 concerning Placement of Abuse, Victims of Abuse and Narcotics Addicts into Medical and Social Rehabilitation Institutions (SEMA.4/2010). Rehabilitation of a Narcotics defendant can be carried out if it meets the requirements described in the regulation.
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Chan, Erwin, i Jawade Hafidz. "Policy For Crime Murder Investigation By The Children In Polrestabes Semarang". Jurnal Daulat Hukum 3, nr 1 (12.04.2020): 27. http://dx.doi.org/10.30659/jdh.v3i1.8454.
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Issues that will be examined are: 1) How do criminal investigations policy murders committed by children in Polrestabes Semarang today? 2) How is the investigation of criminal policy of murder committed by children who should have been in the Indonesian National Police?This study uses empirical juridical approach method, the specifications in this research is descriptive. Data collection methods use primary data with interview techniques. The data analysis method used is the analysis of qualitative data.The study concluded that: 1) Policy murder investigation of criminal offenses committed by children in Polrestabes Semarang today in addressing the crime of child offenders who commit criminal acts be routed into diversion pursuant to Act No. 11 of 2012 on the Criminal Justice System Child. 2) Policies murder investigation of criminal offenses committed by children who should at the Indonesian National Police should be able to: a) Understand the scope of the duties and authority of the Police Child Protection. b) know the Juvenile Justice Act, Child Protection Act, the Child Welfare Act and the UN Convention on the Rights of the Child. c) Ability to interpret and discuss the procedure done in dealing with children in conflict with the law.Keywords: Policies; Investigation; Children Crime.
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Ghazi, Aqsa, i Umar Farooq Salamat. "HONOUR KILLING AND CRIMINAL JUSTICE SYSTEM IN PAKISTAN". Review of Human Rights 9, nr 1 (15.03.2024): 118–42. http://dx.doi.org/10.35994/rhr.v9i1.256.
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This article examines the factors that contribute to gender inequality and violence against women in Punjab, Pakistan. It focuses on District Gujranwala and examines patriarchal power structures, cultural norms, and restrictive gender roles. The article analyzes court decisions in District Gujranwala from 2012 to 2023, which show a high number of acquittals, mostly because of retracted eyewitness testimony. We argue that despite statutory reforms, there exists an over-reliance on visual evidence that undermines justice. We suggest that a comprehensive policy is needed that challenges cultural norms, advances gender equality, fortifies legal frameworks, and reforms investigation and prosecution techniques to effectively prevent honour killings and increase conviction rates.
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Sauqi, Muh Ikbal, i Akhdiari Harpa Dj. "KONSEPSI RESTORATIVE JUSTICE SEBAGAI UPAYA PENYELESAIAN TINDAK PIDANA LALU LINTAS POLRES MAJENE". Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance 2, nr 1 (30.04.2022): 74–85. http://dx.doi.org/10.53363/bureau.v2i1.15.
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The problems studied in this paper are about how to apply the concept of restorative justice in the case of traffic accidents in the majene police jurisdiction and how to account for the concept of restorative justice in the case of traffic accidents in the jurisdiction of the Majene Police The method used in the writing of this ilimiah work is a joint research method is a procedure for data collection, Data analysis, by sequential use of quantitative and qualitative methods or vice versa, in gaining a deeper understanding of the main problem. through normatuf legal research approaches and empirical legal research. The purpose of this study is to find out and understand how the concept of Restorative justice is implemented in the case of traffic accidents in Majene Police and how criminal accountability in traffic accident cases. Based on the results of the research, it can be concluded that the Concept of Restorative Justice is expected to be an alternative step for the political policy of legislation to solve problems in criminal law. Because, the policy of legislation that in principle is a policy to determine the direction and strengthen the politics of national law. Thus, the policy of such legislation must reflect the legal values that develop in society. With the implementation of Restorative Justice there are several foundations of thinking as mentioned above, the criminal justice system and prosecution are expected to provide the right direction in order to provide justice for the community with the aim of creating community welfare
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Supriyanto, Hadi. "The nature of corporate crime in law enforcement of the criminal justice system in Indonesia". Jurnal Hukum Volkgeist 4, nr 2 (14.06.2020): 166–79. http://dx.doi.org/10.35326/volkgeist.v4i2.670.
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Law in its nature is not only used to control conduct that already occurs in society and sustain established behaviors patterns, but the law often contributes to its use as a means. The study revealed 1). Corporate Criminal Liability was an attempt to put the company in the sense of Equality Under the law with a view to achieving legal certainty, fairness and usefulness, 2) Control of corporate criminal penalties was implemented in several laws through a common formulation of the key criminal fines, 3) law enforcement against corporate crime can be achieved through a) Normative Approach. Therefore, it is required that the state will specifically articulate the responsibility for corporate criminal liability through legislative and executive agencies and what kind of liability can be formally demanded of the corporation as the object of criminal liability (legal policy), since the assessment of corporate errors is the basis of material for the demand of corporate criminals.