Artykuły w czasopismach na temat „Criminal justice system”
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Goyal, Naincy. "Juvenile Justice System in Comparison to Criminal Justice System in India". International Journal of Trend in Scientific Research and Development Volume-2, Issue-5 (31.08.2018): 1007–10. http://dx.doi.org/10.31142/ijtsrd17025.
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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.
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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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Ball, Richard A., i R. J. Waldron. "The Criminal Justice System". Teaching Sociology 18, nr 2 (kwiecień 1990): 253. http://dx.doi.org/10.2307/1318514.
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Adawiyah, Robiatul, i Umi Rozah. "Indonesia’s Criminal Justice System with Pancasila Perspective as an Open Justice System". LAW REFORM 16, nr 2 (27.09.2020): 149–62. http://dx.doi.org/10.14710/lr.v16i2.33783.
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The criminal justice system should be an embodiment of values of Pancasila. Few cases raised concerns and questioned Pancasila’s practice because it hurt community justice sense. Pancasila must be reflected in criminal law enforcement. The criminal justice system is open whose operation is influenced by the environment the subsystems's operation, it is very important to be studied comprehensively. This article discusses the Indonesian criminal justice system with a Pancasila perspective; Indonesian criminal justice system with the concept of Pancasila as an open criminal justice system; subsystem in the Indonesian criminal justice system has the concept of Pancasila as an open criminal justice system. The research method in this article is normative with philosophy approach. The results showed that criminal justice system has Pancasila perspective, means that it must prioritize humanity, the balance of the interests of perpetrators and victims, the justice of God, humanity and society (substantive justice). As an open system, it does not work in solitaire in a vacuum, but must pay attention to legal values and community justice sense so that the working of it is more contextual in applying criminal law to achieve its success. And all subsystems in the criminal justice system have basically been based on Pancasila as an open justice system.
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Vasiljevic-Prodanovic, Danica. "Restorative justice within the criminal justice system". Temida 13, nr 3 (2010): 57–68. http://dx.doi.org/10.2298/tem1003057v.
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Positioning of restorative justice within the criminal justice system is one of the current questions preoccupying theorists and practitioners in the field. During decades restorative justice processes have been predominantly used within juvenile justice systems for dealing with minor offences committed by juveniles. Number of jurisdictions in Europe, USA, Canada, Australia have criminal codifications containing provisions that enable use of restorative justice processes in aim of diversion. Recent initiatives create possibility of applying restorative procedure in cases of serious crimes committed by adult offenders. This article reviews theoretical discussions and practical issues relating the scope and tasks of restorative justice within criminal justice, which may contribute to the development and use of restorative processes in our criminal justice system.
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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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Ajit. "Criminal Justice System in India: Analytical Study". RESEARCH REVIEW International Journal of Multidisciplinary 8, nr 8 (14.08.2023): 210–15. http://dx.doi.org/10.31305/rrijm.2023.v08.n08.034.
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The main objective of the administration of criminal justice is to preserve and protect the rule of law. The scope of the criminal justice system includes establishing rule of law, speedy trial, punishing criminals, rehabilitation of criminals through the judicial system, relief to victims of crime, etc. The present criminal justice system suffers from various flaws and defects. The courts are full of delayed cases. The current legal process takes a lot of time. Which benefits the accused. New forms of crime are emerging. Speedy trial and speedy justice are considered the fundamental rights of the citizen. But the criminal justice system has failed to provide speedy justice to the people and guarantee certainty of punishment to the criminal. India's criminal justice system is based on the British heritage. The demand for reform and amendment in the present justice system is gaining momentum. Therefore, there is a need to analyze various aspects of the criminal justice system whether amendments in the prevailing laws are necessary in the present perspective or why the Indian justice system is not effective. In the presented research paper, the Indian justice system has been critically evaluated.
Abstract in Hindi Language:
आपराधिक न्याय प्रशासन का मुख्य उद्देश्य विधि के शासन को संरक्षित और बचाव करना है। आपराधिक न्याय प्रणाली की परिधि में विधि का शासन स्थापित करना, त्वरित सुनवाई, अपराधियों को दंडित करना, न्यायिक प्रणाली के माध्यम से अपराधियों का पुनर्वास, अपराध के पीड़ितों को राहत इत्यादि आते हैं। वर्तमान आपराधिक न्याय प्रणाली विभिन्न खामियों और दोषों से ग्रस्त है। अदालतों में विलंबित केसों की भरमार है। वर्तमान कानूनी प्रक्रिया में समय बहुत लगता है। जिसका फायदा आरोपी को होता है। अपराध के नए रूप सामने आ रहे हैं। शीघ्र सुनवाई व त्वरित न्याय नागरिक का मूल अधिकार माना गया है। लेकिन आपराधिक न्याय प्रणाली लोगों को त्वरित न्याय देने और अपराधी को दंड देने की निश्चितता गारंटी देने में असफल रहा है। भारत की आपराधिक न्याय प्रणाली ब्रिटिश विरासत पर आधारित है। वर्तमान न्याय प्रणाली में सुधार व संशोधन की मांग जोर पकड़ रही है। इसलिए आपराधिक न्याय प्रणाली के विभिन्न पहलुओं का विश्लेषण करने की आवश्यकता है कि क्या वर्तमान परिप्रेक्ष्य में प्रचलित कानूनों में संशोधन आवश्यक है या भारतीय न्याय प्रणाली प्रभावी क्यों नहीं है। प्रस्तुत शोध पत्र में भारतीय न्याय प्रणाली का आलोचनात्मक मूल्यांकन किया गया है।
Keywords: आपराधिक न्याय प्रणाली, न्यायपालिका, अपराध और न्याय, अपराध प्रशासन
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Greely, Henry T., i Nita A. Farahany. "Neuroscience and the Criminal Justice System". Annual Review of Criminology 2, nr 1 (13.01.2019): 451–71. http://dx.doi.org/10.1146/annurev-criminol-011518-024433.
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The criminal justice system acts directly on bodies, but fundamentally it cares about minds. As neuroscience progresses, it will increasingly be able to probe the objective, physical organ of the brain and reveal secrets from the subjective mind. This is already beginning to affect the criminal justice system, a trend that will only increase. This review article cannot begin even to sketch the full scope of the new field of law and neuroscience. The first workshop on the subject was held in 2003 ( Garland 2004 ), but the field already has its own casebook ( Jones et al. 2014 ) and the MacArthur Foundation Research Network on Law and Neuroscience (2018) shows more than 1,700 publications in the area between 1984 and 2017. Greely (2009) divided the implications of law into five different categories: prediction, mind-reading, responsibility, treatment, and enhancement. This article examines only three points: the current use of neuroscience to understand and explain criminal behavior, the possibilities of relevant neuroscience-based prediction, and plausible future applications of neuroscience to the treatment of criminals. But first, we discuss the human brain and how it works.
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Sharma, D. P. "Speedy Justice and Indian Criminal Justice System". Indian Journal of Public Administration 45, nr 3 (lipiec 1999): 356–63. http://dx.doi.org/10.1177/0019556119990307.
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Puspitosari, Hervina, i Bintara Sura Priambada. "Victim Impact Statement Model in Criminal Justice System in Restorative Justice Perspective". SHS Web of Conferences 54 (2018): 07006. http://dx.doi.org/10.1051/shsconf/20185407006.
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Practice of restorative justice is the handling of criminal acts that are not only seen from the perspective of the law, but also related to moral, social, economic, religious and customary aspects. Local customs, as well as various other restorative considerations will deal with the perpetrators, victims, and stakeholders in the community, in collective problem solving, the purpose of which is to repair damage, restore the quality of relationships and facilitate the reintegration of the parties involved and related. This study uses research methods with a normative juridical research approach. Restorative Justice, namely the punishment imposed by the court is a punishment aimed at maximizing the condition of the victim as before the criminal incident befell the victim. The issue of justice and respect for human rights does not only apply to criminals but also victims of crime who must get a sense of justice so that the objective of the criminal justice system can be achieved with a sense of justice for the victims and perpetrators. It is very important to immediately make efforts to reform the criminal law that puts forward the substantial justice of victims and perpetrators.
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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.
Pełny tekst źródłaStreszczenie:
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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Cheston, Len. "Criminal Justice: An Introduction to Crime and the Criminal Justice System". Probation Journal 54, nr 1 (marzec 2007): 85–86. http://dx.doi.org/10.1177/026455050705400111.
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Kim, Han-Kyun. "Digitalization of the Criminal Procedure and Criminal Justice Data". Korean Association of Criminal Procedure Law 14, nr 4 (31.12.2022): 1–29. http://dx.doi.org/10.34222/kdps.2022.14.4.1.
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This essay aims to review the criminal justice data from the point of digitalization of the criminal justice process and electronic criminal trial, which is to be put into practice by the year of 2024.
The Act on Promotion of the Digitalization of the Criminal Justice System of 2010, amended in 2021 has been enacted to achieve promptness, fairness and transparency in a criminal justice procedure by promoting the digitalization of the criminal justice procedure and to contribute to the extension of citizens’ rights and interests by improving services to citizens in the area of criminal justice. In related to the 2020 Act, the new Act on the Use of Electronic Documents in the Criminal Justice System of 2021 was enacted to implement electronic criminal trial.
The term “criminal justice information” means any information that is generated, acquired, or managed by a criminal justice agency through a criminal justice information system in relation to the conduct of criminal justice affairs, and that is expressed in the form of codes, letters, voice, sound, images by means of electronic processing, and the term “criminal justice information system” means an electronic management system built on combining hardware, software, databases, networks, security components, etc. for the use by a criminal justice agency to generate, acquire, store, transmit, or receive criminal justice information. When the criminal justice information are digitalized, they will be “Criminal Justice Data”, which will be the basis of digital criminal justice.
For the digitalization of criminal justice process, criminal justice agencies have both duty to cooperate for stable operation of systems, and duty to cooperate in joint use of information. The keys to the successful implementation of digital criminal justice system and the development of the future electronic criminal trial are the organization of cooperative system for the Criminal Justice Information System, and the promotion of attentionability to human rights and security in the matters of criminal justice data.
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Chiu, Hungdah. "China’s Changing Criminal Justice System". Current History 87, nr 530 (1.09.1988): 265–68. http://dx.doi.org/10.1525/curh.1988.87.530.265.
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Custer, Bradley D., Michelle L. Malkin i Gina Castillo. "Criminal Justice System-Impacted Faculty". Journal of Education Human Resources 38, nr 3 (sierpień 2020): 336–64. http://dx.doi.org/10.3138/jehr-2019-0016.
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Burke, Roger Hopkins. "Theorizing the Criminal Justice System". Criminal Justice Review 38, nr 3 (27.01.2013): 277–90. http://dx.doi.org/10.1177/0734016812473822.
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de Kretser, Hugh, i Michelle McDonnell. "A Smarter Criminal Justice System". Alternative Law Journal 37, nr 1 (marzec 2012): 4–7. http://dx.doi.org/10.1177/1037969x1203700102.
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DeLisi, Matt. "The criminal justice system works!" Journal of Criminal Justice 38, nr 6 (listopad 2010): 1097–99. http://dx.doi.org/10.1016/j.jcrimjus.2010.10.003.
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COHEN, BERNARD. "The Salvadoran Criminal Justice System". International Journal of Comparative and Applied Criminal Justice 14, nr 1-2 (styczeń 1990): 171–88. http://dx.doi.org/10.1080/01924036.1990.9688937.
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Ali Nazir, Sadaqat, Sadaf Mehmood i Muhammad Shabbir. "Analysis of Judiciary's Role in Criminal Justice System in Pakistan". Journal of Peace, Development & Communication 07, nr 02 (30.06.2023): 240–61. http://dx.doi.org/10.36968/jpdc-v07-i02-19.
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The article examines the judiciary's function in Pakistan's Punjab Province's criminal justice system with a focus on the prompt and impartial conduct of trials. The study was carried out in the Faisalabad district, and 104 convicted criminals out of a total of 210 were interviewed using a multistage sample technique. The purpose of the study was to evaluate the judicial system's effectiveness and efficiency in delivering justice and facilitating a smooth legal process. The findings showed that convicts were sentenced in accordance with current legislation and in proportion to the crimes they committed. It also exposed serious flaws in the system, which had trouble effectively managing its workload. The institution had acceptable technical proficiency, but a number of roadblocks made it ineffective. These obstacles included widespread political influence and corruption, a high workload, outdated methods, a lack of expertise, and equipment limitations. A persistent culture of bribery, a lack of educational institutions, and a dearth of programmes for vocational training and rehabilitation were shown to make these obstacles worse. The study's conclusions show that these issues have severely impacted Pakistan's present criminal justice system. A thorough approach to systemic improvements is necessary to ensure that the criminal justice system is effective and capable of efficiently and impartially dispensing justice. It encourages anti-corruption measures, capacity training, significant investment in cutting-edge techniques, and rehabilitation programmes as a means of systemic reform. Keywords: Role of Judiciray, Criminal Justice System, Pakistan, Trial, Legislation, Criminals
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Halim, Abdul, i Sri Ismoyo. "Analysis of Restorative Justice in the Criminal Justice System". Enigma in Law 1, nr 1 (7.11.2023): 12–16. http://dx.doi.org/10.61996/law.v1i1.13.
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Restorative justice is a novel approach to the criminal justice system that focuses on repairing relationships harmed by criminal behavior. This strategy seeks to achieve reconciliation, accountability for perpetrators, and improved social reintegration. Victims play an active role in restorative justice, with the ability to speak about the impact of criminal acts on them and interrogate the perpetrator. Perpetrators are required to admit their conduct, express regret, and work to heal the damage done. Offenders are viewed as individuals who, if given the opportunity and help, can reform and become valuable members of society again. Restorative justice approaches include restorative meetings, which allow for open communication, emotional expression, and the search for shared solutions among the perpetrator, victim, and other associated parties. Restorative justice is a more humane and just alternative to traditional, punishment-focused tactics. Although this strategy is not applicable for all criminal acts, it has been shown to be helpful in addressing particular types of criminal acts, improving victim healing, and minimizing the chance of reoffending.
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Petrossian, Gurgen. "Victims in the Criminal Justice System: Victim Wishes – Justice Needs". European Criminal Law Review 12, nr 1 (2022): 111–26. http://dx.doi.org/10.5771/2193-5505-2022-1-111.
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The participation system of the victims is a paradigm shift in traditional criminal justice. The victims did not always have the opportunity to actively participate in criminal cases. Human rights movements in late 1980s’ resulted in victims’ participation in criminal proceedings. The dilemma, however, remains as to what the victims' expectations are and what justice needs from them. This article looks at different angles of criminal justice, comparing on the one hand recognition, the possibility that victims of being heard and on the other hand victims as item of evidence.
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Aditama, Ryan, i Novia Yolanda. "Penerapan Restorative Justice pada Peradilan Pidana Anak Terkait Pembaharuan Hukum Pidana di Indonesia". Wajah Hukum 4, nr 2 (19.10.2020): 483. http://dx.doi.org/10.33087/wjh.v4i2.213.
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The foundation behind the concept of restorative justice is part of an approach that focuses on situations where in order to create justice and even balance the perpetrators who commit criminal acts, and also for the rights of victims. Procedures and procedures as well as criminal proceedings that lead to the principle of criminalization are changed to a process of family conversation and mediation in order to create an agreement and to resolve the criminal case which leads to crime and will be equal for the victim and the perpetrator of the crime The concept of restorative justice in itself has a meaning where justice will be repaired, and restoration here has a broader meaning to what is known in conventional criminal justice processes or in general that has been applicable so far with the existence of restitution or commonly referred to as compensation for victims. This restorative justiche concept, if included in a system in juvenile criminal justice, is considered well for its application, because restorative justiche is useful in order to prevent children from facing the criminal system and will be replaced in the guidance pattern for the child.
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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.
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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 (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.
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Hendarto, Yudi, i Umar Ma'ruf. "Diversion In Children Criminal Justice System Through Restorative Justice". Jurnal Daulat Hukum 1, nr 2 (6.06.2018): 331. http://dx.doi.org/10.30659/jdh.v1i2.3269.
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The formulation of the problem and the purpose of this study is to describe and analyze the diversion urgency in handling juvenile criminal cases, and to describe and analyze Perma No. 4 of 2014 on Diversion in criminal matters menyelesaian children through restorative justice approach. This research method using normative legal research methods dengn type of research is descriptive analytical.� Based on the analysis result No. 4 of 2014 can be presented the following results, that Perma No. 4 of 2014 is needed in handling juvenile criminal cases. This is because during this time the condition of children who are in the coaching institutions, detention and permayarakatan far worse than a face appeared positive aspects of child development. Mixing children with adults in penitentiary have negative effects and its own psychological burden for the child, because he considered himself the same as adults with Perma No. 4 of 2014.Keywords: Diversion, Child Criminal Justice System, Restorative Justice
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Rashida Zahoor, Muhammad Fahad Anwar, Muhammad Asif Safdar i Jibran Jamshed. "A Comparative Study of Perjury in Legal System of Pakistan and Islamic Law". Journal of Business and Social Review in Emerging Economies 6, nr 4 (31.12.2020): 1571–79. http://dx.doi.org/10.26710/jbsee.v6i4.1508.
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Perjury is one of the crimes that harm criminal justice; Action against criminal justice means behavior that affects people's right to access the justice system or society's right to prosecute and punish criminals. The witness is considered a reason to prove disputes in both legal and criminal complaints, and due to the importance and value of the evidence, perjury has its specific implications. In our criminal justice system, testimony is a way of legal knowledge and reasoning to diagnose crimes committed by the accused. The testimony is not used in criminal matters, and ignoring his way is not against the accused. Consequently, truth is essential, and testimony cannot be used if it is not true. This paper expresses various forms and numerous aspects of perjury along with its definition, discusses perjury as part of the behavioral and psychological approach of sociology, and finally analyzes the laws of Perjury in Pakistan along with the relevant sections of the Pakistan Penal Code, 1860 (PPC), Qanoon and Shahadat Ordinance, 1984 (QSO) and The Oaths Act, 1873 and other Islamic provisions of laws relating to perjury.
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Thomi Rizqullah Habibi, Rangga Jayanuarto, Sinung Mufti Hangabei, Mikho Ardinata i Ahmad Dasan. "URGENSI KONSEP RESTORATIVE JUSTICE DALAM KESEIMBANGAN KEADILAN BAGI PELAKU DAN KORBAN". Journal Scientia Iustitiae 1, nr 1 (4.03.2023): 58–66. http://dx.doi.org/10.36085/jsi.v1i1.4864.
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One way of handling criminal cases involving the community, victims of crime and perpetrators is through restorative justice, which aims to provide justice for all parties in order to restore the situation before the crime and prevent future crimes. Restorative justice is based on the premise that the criminal justice system does not seem to have a deterrent effect on offenders. As a result, prisons have become overcrowded, leading to many illicit activities taking place there. Not to mention the fact that there are more prison guards than inmates. In addition, prisons serve as a learning environment for criminals to experiment with different offenses. Even if the criminals responsible for the crime have been found guilty, the interests of the victims remain unfulfilled. However, restorative justice cannot be used in every criminal case. Criminal cases can only be handled through restorative justice if specific requirements are met.
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Alobo, Eni E., i John Inaku. "AN APPRAISAL OF THE PRINCIPLE OF RESTORATIVE JUSTICE IN THE NIGERAIN CRIMINAL JUSTICE SYSTEM". International Journal of Engineering Technologies and Management Research 5, nr 12 (24.03.2020): 134–45. http://dx.doi.org/10.29121/ijetmr.v5.i12.2018.335.
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This paper examined the criminal justice system of Nigeria by essentially highlighting the gaps and the resultant effects of a criminal jurisprudence that was pivoted on the retributive criminal justice system only. The work conceptually analyzed the principle of restorative justice and appraised the provisions for the principle of restorative justice in the Administration of Criminal Justice Act of 2015. The paradigm shift from retributive to restoration justice as provided by the Administration of Criminal Justice Act of 2015 and the laudable consequences arising therefrom was underscored. To achieve the set goals the paper discussed the Nigerian Criminal Justice System, Restorative Justice in Perspective, the Innovative Provisions of the ACJA 2015 on Restorative Justice and New Direction for Criminal Justice in Nigeria. It concluded with a call on other States of the Federation to emulate the Federal Government in re-couching their criminal justice system on the principle of restorative justice.
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Gani Hamaminata. "Perkembangan Sistem Peradilan Pidana Di Indonesia". JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2, nr 4 (3.08.2023): 52–64. http://dx.doi.org/10.55606/jhpis.v2i4.2334.
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The Criminal Justice System outlined by the 1981 Criminal Procedure Code is an Integrated Criminal Justice System that is based on the principle of "functional differentiation" between law enforcement officials/agencies in accordance with the "stage of the process of authority" granted by the law. The Integrated Criminal Justice System is a system in criminal justice that becomes a reference for the implementation of a fair trial and as expected by the wider community. In the criminal justice system, there are things that must be synchronized in order to achieve a truly integrated system, namely substance, structural and cultural synchronization.
Keywords : Criminal Justice System and Criminal Procedure Code
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Garad, Askar Mohammed Ali. "Rise of Digital Forensics and its impact on criminal justice: A study of tools and techniques involved". Technoarete Transactions on Advances in Social Sciences and Humanities 1, nr 1 (1.10.2021): 16–20. http://dx.doi.org/10.36647/ttassh/01.01.a005.
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With the technological advancement in various fields, the digital forensics technology has also been revolutionized and as a result, criminal justice system has been substantially changed. However, various information technologies has not just enabled the researchers to find out the criminals but also helped them to identify the root cause for crimes. Along with that, there has been a growth in justice system as a result of the technological advancements. In the study, various aspects of digital forensics have been identified and described effectively. In India, the numbers of crimes are growing faster and their techniques are changing as well. That is creating challenges to make justice against it without adequate evidence. In that case, which kinds of evidence can be collected and from which resources, have been discussed here with clear information. How the technological changes are impacting the criminal investigation procedures and bringing more efficiency, have been discussed as well. Keyword : Digital forensic technologies, Criminal activities, Criminal justice, Justice System, Evidence.
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Bhowmik, Rajub. "Book Review: Daniel P. Mears, Out-of-Control Criminal Justice: The Systems Improvement Solution for More Safety, Justice, Accountability, and Efficiency. New York: Cambridge University Press. 2017." Theory in Action 14, nr 2 (30.04.2021): 92–100. http://dx.doi.org/10.3798/tia.1937-0237.2115.
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In his book, Out-of-Control Criminal Justice, the Author, Daniel P. Mears provides readers a comprehensive look at the criminal justice system and the need for a system-based approach to criminal justice reform. The book offers a summary of the latest issues in the criminal justice system and the advancement of criminal justice reform. A description of mechanisms and the existence of device problems is given by the author. He describes protection, fairness, transparency, and efficacy as the four primary priorities of the criminal justice system. The book outlines how the new strategy of criminal justice struggles to adequately meet such aims. Mears discusses how an approach to structure enhancement solutions will better meet the aims of the criminal justice system.
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Hidayatullah, Hidayatullah. "Legal Protection for Justice Collaborators in Indonesia’s Criminal Judiciary System". Yuridika 35, nr 2 (26.12.2019): 277. http://dx.doi.org/10.20473/ydk.v35i2.16879.
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One way to assist law enforces to prevent and combat crime is to involve justice collaborators. Justice collaborators are crucial in assisting law enforcers to expose perpetrators of organized crime as well as transnational crimes. The lack of a legal regime that provides rights to a justice collaborator will impact the interest of a person to become a justice collaborator. Legal protection for justice collaborators must also include protection to his/her family both physically and psychologically. One method of appreciation that can be given to justice collaborators is through the special treatment of criminal offences. One form of special treatment in regards to criminal cases involving justice collaborators within the criminal judiciary may utilize the plea bargaining approach as a method of legal protection towards justice collaborators. To make more efficient the process of determining criminal sanctions to justice collaborators will contribute to the legal certainties owed to justice collaborates as a rightful reward of their contribution in extraordinary crimes. The criminal judicial system that utilized the plea bargaining approach for justice collaborators has the advantage of the absence of criminal examinations.
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Lee, Julak. "Formal Approaches in Controlling White Collar Crime: The Criminal Justice System and the Regulatory System". Journal of Public Administration and Governance 4, nr 4 (21.11.2015): 76. http://dx.doi.org/10.5296/jpag.v5i4.8604.
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Unlike ordinary street crime, there are two formal systems of controlling white-collar crime. These systems are the criminal justice system and the regulatory system. The criminal justice system controls white-collar crime by using criminal law whereas the regulatory system depends mainly on administrative law and uses various ways such as financial penalties, product recalls, and warnings to control white-collar crime. In this paper two formal justice systems of white collar crime have been discussed. Although the criminal justice system, which is the traditional means to control white-collar crime, can be a strong way to control white-collar crime, it has some limitations. That is, the criminal justice system is difficult to apply to the corporate world and it is the reactive response against white collar crime. In contrast, although the regulatory system is the weak way to control white-collar crime, it has some strength. That is, the regulatory system is a proactive response against white collar crime and it can apply to the corporate as well as natural persons. The characteristics of the regulatory system make it better equipped to situational crime prevention theory compared to the criminal justice system.
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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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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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Hasuri, Hasuri. "Sistem Peradilan Pidana Berkeadilan melalui Pendekatan Kontrol dalam Proses Penegakan Hukum". Ajudikasi : Jurnal Ilmu Hukum 3, nr 2 (31.12.2019): 167. http://dx.doi.org/10.30656/ajudikasi.v3i2.1879.
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Justice in the criminal justice system is a static and dynamic in accordance with the space, time and conditions of criminal acts, justice has legal aspects in criminal justice. Understanding justice in the criminal justice system will be found differences in justice that are relatively in accordance with criminal acts and the consequences of these criminal acts. The clean and authoritative administration of justice is the ideals of the judiciary in Indonesia and the hope of seeking justice, the face of the judiciary forms a fair criminal justice system if under ideal conditions, sometimes the criminal justice system does not escape the pressures of the interests of those who want to polarize the law in accordance with a sense of justice constructed by law enforcement as a sub-system of the judiciary body. Normative law enforcement is a series of actions to maintain material law that has been violated by legal subjects in general, law enforcement in the criminal justice system has unique characteristics and procedures in accordance with the legal system adopted and continuously shifts in balance through a renewed legal system . Relevant issues to be examined are: What is the basic idea of a fair trial, How to approach the control of the criminal justice system as an alternative to distributing justice. This study uses a constructivist paradigm with Non-Doctrinal Approach Method or socio-legal research with Qualitative methods, the research specifications are using analytical descriptive, the main data types in this study are field data and are supported by library data, data analysis methods are using Juridical-Qualitative data. For field data validation using interview and observation techniques. The results of the research and discussion in this study are in accordance with the problems that were the focus of the study found the following matters: First, the lack of harmony between the legal system and the criminal law enforcement system has an impact on the basic idea of the criminal justice system. Second, control in the criminal justice system is part of the transformation and reform of the legal system in the criminal justice system.
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Nugraha, Nugraha, i Sukarmi Sukarmi. "Restorative justice in Settlement of Criminal Action of Grievant Delicion". Law Development Journal 2, nr 4 (14.02.2021): 549. http://dx.doi.org/10.30659/ldj.2.4.549-556.
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The objectives of this research are: To find out and analyze Restorative justice in the criminal law system in Indonesia. To find out and analyze the implementation of Restorative justice in the settlement of criminal complaints offenses. To find out and analyze the constraints on the implementation of Restorative justice in the settlement of criminal offenses complaints and their solutions.The method used by researchers isjuridical empirical legal approach and the specification in this research is including analytical descriptive. Based on the results of that research Restorative justice in the criminal law system in Indonesia, namely focusing on the needs of both victims and perpetrators of crimes. In addition, the Restorative justice approach helps criminals to avoid other crimes in the future. The implementation of Restorative justice in the settlement of criminal cases of complaint offenses at the Cirebon City Police using a retributive approach (retaliation) can shift to a restorative approach (recovery). The obstacle: The investigative authority granted by the Criminal Procedure Code. In the Criminal Procedure Code, investigators are given the authority to stop an investigation on the basis of the consideration that it is not a criminal act, insufficient evidence as a criminal act, and for the sake of the law. KUHAP regulates the withdrawal of reports or complaints only for certain cases, namely those which constitute offenses for complaints. The solution: In accordance with social jurispurdence theory. Propose to the highest leadership to formulate definite rules or organizational mission and the purpose of establishing a system (legalization) for the application of Restorative justice. Outreach to the community.
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Adebisi, Kolawole Shittu, i Daramola Nurudeen Olanrewaju. "Psychological Profiling of Criminals in Violent Crime Investigations in Nigerian Criminal Justice System". International Journal of Criminology and Sociology 10 (31.12.2020): 208–18. http://dx.doi.org/10.6000/1929-4409.2021.10.25.
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The Nigerian criminal justice system is not entirely ignorant or unaware of the use and the merits of the application of criminal profiling as a tool in crime investigation. The technique was introduced to help law enforcement agencies solve serious crimes such as serial rape or murder and to a lesser extent arson and property crime. At the heart of profiling lies the belief that by combining psychological principles with crime scene analysis, it is possible to identify the likely characteristics of a perpetrator. However, criminal profiling in Nigeria has not nearly reached the level of recognition, functionality, or institutionalization that it has attained in other jurisdictions. This study aims to examine the feasibility and the practicality of offender profiling in a criminal investigation of violent crimes with a particular focus on the Nigerian criminal justice system. It will also give an expository critique of the loopholes and impediments in the Nigerian criminal justice system and ways criminal profiling can fill up these holes. The research methods employed in this study include a combination of both primary and secondary sources. The work highlighted the effectiveness of this field and thus concluded that criminal investigative analysis should be effectively immersed into the justice system and should also receive as much recognition as it has in other jurisdictions especially in the United States and in major parts of Europe.
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Lurigio, Arthur J. "Persons with Serious Mental Illness in the Criminal Justice System: Background, Prevalence, and Principles of Care". Criminal Justice Policy Review 11, nr 4 (grudzień 2000): 312–28. http://dx.doi.org/10.1177/0887403400011004003.
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This article describes the major factors that have led to the criminalization of persons with serious mental illness (PSMIs), and it presents several core principles for improving the care of PSMIs in the criminal justice system. These principles include mental health training for criminal justice staff, pretrial diversion projects, coordinated services for criminally involved PSMIs, integrated treatment for PSMIs with co-occurring disorders, aftercare linkage for PSMIs released from jails and prisons, continuous care models with single-point access to services for PSMIs with lengthy records of hospitalization and arrest, and more and better research on PSMIs involved in the criminal justice system.
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Nurana, Desi. "Implementation of Plea Bargaining in the Indonesian Criminal Justice System". Legal Spirit 8, nr 1 (5.04.2024): 177. http://dx.doi.org/10.31328/ls.v8i1.5195.
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There is a need for a new system in the Indonesian Criminal Justice System that is thought to make case handling more efficient, specifically by adopting plea bargaining as a problem-solving method for the Indonesian criminal justice system. In this study, the issue formulation is how to implement plea bargaining in the present criminal justice system and the urgency of plea bargaining in the renewal of the Indonesian criminal justice system. The Normative Juridical Research technique was employed to generate this research. Normative Juridical Research is a type of legal research that involves literature study or just secondary information. The regulation on the application of Plea Bargaining in the current criminal justice system is not based on the value of justice, as Article 4 paragraph (2) of Law No. 48 of 2009 concerning Judicial Power mandates that the judicial process must be carried out quickly. At a low cost, but based on the problems that the author described in the previous sub-chapter, the criminal justice process has not been able to reach a simple judicature to this day. The complexity of the criminal justice process in Indonesia now prevents simple, quick, and low-cost judicial implementation from being accomplished in the criminal justice process in Indonesia. In this case, there is a need for a renovation of Indonesia's criminal justice system. This is the legal basis for the urgent need to establish Plea Bargaining in Indonesia.
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FAHLAVI, Ananda Alif Rizal, Emma Dwi ASMARANI, Shelviana SHELVIANA, Debiantho DEBIANTHO, Helmi HAMDANI, Yayang ASIHAY, JOVI, DODY i Mutia Evi KRISTHY. "Children's Criminal System as Criminal Offenders Perspective of Law Number 11 Of 2012 Concerning Children's Criminal Justice System". Journal of Political And Legal Sovereignty 1, nr 2 (30.04.2023): 106–15. http://dx.doi.org/10.38142/jpls.v1i2.127.
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Purpose: This study describes the principles system of legal protection against Children as criminal perpetrators in Law of the Republic of Indonesia Law Number 11 of 2012 concerning the Juvenile Criminal Justice System refers to the Convention on The Rights of The Child, and it has covered most of the principles of child protection perpetrator as well.Methodology:The research method used in this study is normative legal research because it includes the scope of legal dogmatic learning or researching legal rules.Findings: The study also found that the provision of punishment against the child has been following that stipulated in Law Number 23 of 2002 concerning Children Protection, which states that imprisonment can be applied to the child when there is no last effort any longer and shall be executed separately from the adult prison.Implication:The child protection efforts shall be implemented by imposing restorative sentencing (restorative justice) and diversion if completing the requirement of Law Number 11 of 2012 concerning the juvenile criminal justice system.
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Albrecht, Hans-Jörg. "Dangerous Criminal Offenders in the German Criminal Justice System". Federal Sentencing Reporter 10, nr 2 (wrzesień 1997): 69–73. http://dx.doi.org/10.2307/20640044.
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Butt, Simon. "Indonesia’s Criminal Justice System on Trial". New Criminal Law Review 24, nr 1 (1.01.2021): 3–58. http://dx.doi.org/10.1525/nclr.2021.24.1.3.
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This article discusses flaws of Indonesia’s criminal procedural laws through an analysis of the Jessica Wongso case. After a televised trial in 2016, Wongso was convicted of murdering her friend Salihin, by putting cyanide in her coffee at a Jakarta café, and sentenced to 20 years’ imprisonment. The conviction was upheld on appeal in late 2018. The police obtained very limited evidence against Wongso, leaving prosecutors unable to determine the cause of Salihin’s death, much less to prove convincingly that Wongso was the perpetrator. By contrast, the defense mustered significant exculpatory evidence. But the judges, at first instance and on appeal, took an uncritical view of the prosecution evidence and ignored the defense case. Throughout the investigation and trial, Wongso was not accorded the presumption of innocence, partly because of Indonesia’s flawed or absent formal legal infrastructure for arrests, detentions, searches, and disclosure of prosecution evidence to the defense. It is also because highly prejudicial press coverage before and during trials is not prohibited and because judges lack professionalism. All this suggests a strong need for reform—not only to Indonesia’s criminal procedure law, but also to the way it is applied in practice.
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Rahmdel, Mansour. "Women and Iranian Criminal Justice System". Economics, Law and Policy 1, nr 1 (16.05.2018): 92. http://dx.doi.org/10.22158/elp.v1n1p92.
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<em>To understand the predicament of women in Iran, it is necessary to look to both the religion and strong social and cultural forces, which shape their position in society. Islam is often held responsible for the inequitable and sometimes violent treatment of women in Iran. Considering the women situation before Islam, they have gained more rights after Islam. But, no doubt that the differences and strong social and cultural forces regarding women arise from Islam in the Iranian society. The justifications of these differences mainly is that before Islam the women had so little rights and even they were buried alive, but Islam has rescued them and given them some rights. While this view point in per se is completely un-right, but the point is that, it was 1400 years ago and in addition, why Islam has not completed the protection against all differences. The simple answer is that in that social situation it was impossible to convenience the men to accept the equality of men and women. Problems in attaining the full recognition and enjoyment of all human rights and fundamental freedoms for women in Iranian criminal justice system are the main theme of the present article.</em>
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Verma, Rekha. "Criminal Justice System and Constitutional Support". Research Review Journal of Social Science 2, nr 1 (15.07.2022): 34–38. http://dx.doi.org/10.31305/rrjss.2022.v02.n01.006.
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There is an inextricable link between the American Constitution and the criminal justice system, which cannot be disregarded. Whereas the constitution of a country serves as the country's guiding principle and bestows a number of rights onto its residents, the criminal justice system serves as the protector of those rights by upholding them and meting out appropriate punishment to those who violate them. The criminal justice system of a nation is extremely reliant on the constitution of that nation since it looks to the constitution for consistent support in order to uphold law and order throughout the territory. The author of this research paper devotes considerable space to a comprehensive discussion of the constitutional protections afforded to the country's criminal justice system. This is accomplished by citing the revolutionary shifts that have been brought about in the legal landscape of India as a result of a number of important precedents. The author has also made an effort to shed a substantial amount of light on the subject and expound briefly on the interconnections that exist between the various provisions of India's criminal statutes and the Constitution of India.
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Wistrich, Harriet. "Misogyny in the Criminal Justice System". Political Quarterly 93, nr 1 (styczeń 2022): 64–68. http://dx.doi.org/10.1111/1467-923x.13100.
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Benton, Carl. "Diversion from the criminal justice system". Learning Disability Practice 1, nr 1 (kwiecień 1998): 22–25. http://dx.doi.org/10.7748/ldp.1.1.22.s17.
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