Punishment by Association: The Burden of Attending Court for Legal Bystanders

2021 ◽  
pp. 1-23
Author(s):  
Erin Eife ◽  
Beth E. Richie
Keyword(s):  
Legal System ◽  
The State ◽  
Cook County ◽  
Central Bond ◽  
Criminal Legal System ◽  
The Moment

Scholars have shown how legal bystanders experience punishment at the hands of the state in their homes and neighborhoods, as well as jails and prisons. Other scholars have shown how bureaucratic processes, such as attending court, are punitive toward people charged with crimes. There is less information about how legal bystanders also experience punishment in courtrooms. In this article, we bridge the literatures between secondary prisonization and procedural punishment to illustrate how legal bystanders, such as family and friends of bond court defendants, experience punishment when attending bond court. We utilize courtroom ethnography of Central Bond Court in Chicago’s Cook County and interviews with family and friends of people charged with a crime to illustrate this form of punishment in three themes: extraction, destabilization, and degradation. With these findings, we argue that secondary prisonization begins not at the point of incarceration, but at the moment a loved one’s contact with the criminal legal system begins.

scholarly journals PERLINDUNGAN HUKUM TERHADAP WHISTLEBLOWER DI INDONESIA: SINERGI ANTARA UNITED NATIONS CONVENTION AGAINST CORRUPTION DAN HUKUM NASIONAL TENTANG PERLINDUNGAN SAKSI DAN KORBAN

2016 ◽  
Vol 32 (1) ◽  
Author(s):  
Ratna Juwita
Keyword(s):  
Law Enforcement ◽  
United Nations ◽  
Legal System ◽  
Legal Protection ◽  
The State ◽  
Law Enforcement Agencies ◽  
United Nations Convention ◽  
Victim Protection ◽  
The Law ◽  
Criminal Legal System

AbstractIndonesia ratified the United Nations Convention against Corruption (UNCAC) through the Law number 7 of 2006. Article 33 of the UNCAC legally obliges the State Parties to provide protection to whistleblowers. The existence of whistleblower is pivotal to uncover the hidden practices of corruption. Anti-corruption strategy encourages whistleblowers to unveil corrupt practices to the law enforcement agencies and public. Due to this task, therefore, whistleblowers must be protected from any kind of retaliation. Indonesia has the Law number 13 of 2006 juncto the Law number 31 of 2014 concerning witness and victim protection which regulates the protection of whistleblower in the Indonesian criminal legal system. This paper analyzes existence of legal protection for whistleblowers in the respective provisions which contained within the Law number 13 of 2006 and the Law number 31 of 2014, specifically on anti-retaliation protection by analyzing the synchronization of the law with Article 33 of the UNCAC. The provisions of national law vis-à-vis with the provisions of UNCAC concerning whistleblower protection, the national law has not provided best protection to whistleblower yet due to the possibility of retaliation be made against the whistleblowers that is not regulated by the national law.Keywords: Indonesia, corruption, whistleblower, United Nations Convention Against Corruption.IntisariIndonesia meratifikasi United Nations Convention Against Corruption (UNCAC) melalui Undang-undang Nomor 7 Tahun 2006. Pasal 33 UNCAC memberikan kewajiban hukum bagi Negara Pihak untuk menyediakan perlindungan terhadap para whistleblowers. Eksistensi whistleblower merupakan hal yang sangat penting untuk membuka praktek tersembunyi korupsi. Strategi anti-korupsi memberikan dorongan bagi para whistleblower untuk membuka praktek-praktek korupsi kepada penegak hukum dan masyarakat. Oleh karena tugasnya tersebut, para whistleblower harus dilindungi dari segala bentuk tindakan pembalasan. Indonesia memiliki Undang-Undang Nomor 31 Tahun 2014 tentang Perubahan atas Undang-Undang Nomor 13 Tahun 2006 tentang Perlindungan Saksi dan Korban  yang di dalamnya mengatur perlindungan terhadap whistleblower dalam sistem hukum pidana Indonesia. Tulisan ini menganalisis eksistensi perlindungan hukum bagi whistleblower dalam pasal-pasal tentang perlindungan whistleblower dalam Undang-Undang Perlindungan Saksi dan Korban, secara spesifik pada perlindungan terhadap tindakan pembalasan dengan menganalisis sinkronisasi hukum terhadap Pasal 33 UNCAC. Pasal-pasal dalam hukum nasional vis-à-vis dengan Ppasal UNCAC tentang perlindungan terhadap whistleblower, hukum nasional belum mampu menyediakan perlindungan terbaik bagi whistleblower dikarenakan adanya kemungkinan untuk dilakukannya tindakan pembalasan terhadap whistleblower yang belum diatur dalam hukum nasional.Kata kunci: Indonesia, korupsi, whistleblower, United Nations Convention Against Corruption.

Vulnerability of the modern criminal legal system of Russia from the methods and means of conducting hybrid wars

2021 ◽  
Vol 7 (3) ◽  
pp. 30-44
Author(s):  
Leonid V. Goloskokov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Legal System ◽  
Legal Protection ◽  
Criminal Code ◽  
The State ◽  
Law System ◽  
The Russian Federation ◽  
Hybrid War ◽  
Criminal Legal System

The features of the manifestations of hybrid wars were investigated by examples of its action in certain sectors of science, education, economics, finance, and criminal law. Certain characteristics of actions and events have been identified as elements of a hybrid war and not as random events. The Criminal Code of the Russian Federation does not contain the necessary articles that would allow sufficient legal protection of the rights of citizens and the interests of the state from the actions and consequences of hybrid wars. In general, the criminal law system is not ready to identify and classify events as elements of a hybrid war, repel hybrid war attacks and waging confrontation, and work on the initial preemption and prevention of hybrid wars. This article, which is proposed to be introduced into the Criminal Code of the Russian Federation, reveals the concept of hybrid war and provides its full definition in a new article. In conclusion, criminal legal measures and the possibilities of only the criminal legal system cannot solve the problems of confrontation in hybrid wars, and involvement of all the forces and resources of the state is necessary. A proposal was made on the need to move to organizing the work of Russian law enforcement agencies on new principles: preemptive and prevention of hybrid wars instead of merely identifying their consequences and fragmentary application of criminal punishment for actions that are insignificant in comparison to the scale and damage caused by a hybrid war.

Bargaining in the Dark

2019 ◽  
Vol 22 (4) ◽  
pp. 434-493 ◽  
Author(s):  
Andrea Kupfer Schneider ◽  
Cynthia Alkon
Keyword(s):  
United States ◽  
Legal System ◽  
Plea Bargaining ◽  
The United States ◽  
The State ◽  
Criminal Cases ◽  
Defense Counsel ◽  
Negotiation Theory ◽  
Crucial Component ◽  
Criminal Legal System

Plea bargaining is the primary, and unavoidable, method for resolving the vast majority of criminal cases in the United States. As more attention is paid to reform and changes in the criminal legal system, plea bargaining has also come into the spotlight. Yet we actually know very little about what happens during that process—a potentially complex negotiation with multiple parties that can, at different times, include prosecutors, defense counsel, judges, defendants, and victims. Using negotiation theory as a framework, we analyze why more information about the process itself can improve this crucial component of the system. More information—more data—would permit informed judicial oversight of pleas, improve lawyers’ capacities to negotiate on behalf of clients and the state, and increase the legitimacy of the bargaining between parties where one side tends to have far more resources and power. Without increased transparency, many of the players in the criminal legal system are just bargaining in the dark.

The Goal of the Moment (Summary of the Lecture Delivered by Ivan Ilyin in May 1917)

2019 ◽  
Vol 60 ◽  
pp. 424-428
Author(s):  
Alexandra I. Vakulinskaya
Keyword(s):  
The State ◽  
October Revolution ◽  
Legal Consciousness ◽  
New Order ◽  
History Of ◽  
The Moment

This publication is devoted to one of the episodes of I. A. Ilyin’s activity in the period “between two revolutions”. Before the October revolution, the young philosopher was inspired by the events of February 1917 and devoted a lot of time to speeches and publications on the possibility of building a new order in the state. The published archive text indicates that the development of Ilyin’s doctrine “on legal consciousness” falls precisely at this tragic moment in the history of Russia.

KONSTITUSI EKONOMI SYARIAH DI INDONESIA

2017 ◽  
Vol 11 (2) ◽  
pp. 161-74
Author(s):  
Syaugi Syaugi
Keyword(s):  
Economic System ◽  
Legal System ◽  
The State ◽  
Economic Life ◽  
Legal Concept ◽  
Economic Law ◽  
National Economic ◽  
Economic Ideology

    As a constitution, the Indonesian Constitution of 1945 regulates how the national economic system should be arranged and developed. In the perspective of constitution, the implementation of sharia economy does not mean the state directs a particular economic ideology. Philosophically, the ideals of Indonesian economic law is to initiate and prepare the legal concept of economic life. Shariah economy has a strong foundation both formally shariah and formallyconstitution. Formally shariah means the existence of shariah economy has a strong foundation in Indonesian legal system. Formally constitution means, in the context of the state, Shariah economy has a constitutional basis. The existence of laws relating to shariah economy shows that the Indonesian economic system givesa place to the shariah economy.

The Munich conference of Minister-Presidents of German lands in 1947

2020 ◽  
Vol 2020 (10-2) ◽  
pp. 86-98
Author(s):  
Ivan Popov
Keyword(s):  
The State ◽  
State Governments ◽  
The West ◽  
Constitutional Development ◽  
The Moment ◽  
The One

The paper deals with the organization and decisions of the conference of the Minister-Presidents of German lands in Munich on June 6-7, 1947, which became the one and only meeting of the heads of the state governments of the western and eastern occupation zones before the division of Germany. The conference was the first experience of national positioning of the regional elite and clearly demonstrated that by the middle of 1947, not only between the allies, but also among German politicians, the incompatibility of perspectives of further constitutional development was existent and all the basic conditions for the division of Germany became ripe. Munich was the last significant demonstration of this disunity and the moment of the final turn towards the three-zone orientation of the West German elite.

scholarly journals The dark footprint of state violence: A synthetic approach to the American crime decline

2021 ◽  
pp. 136248062098423
Author(s):  
Aaron Roussell ◽  
Lori Sexton ◽  
Paul Deppen ◽  
Marisa Omori ◽  
Esther Scheibler
Keyword(s):  
Crime Rate ◽  
State Violence ◽  
The State ◽  
Synthetic Approach ◽  
Holistic View ◽  
Lethal Violence ◽  
Crime Decline ◽  
Reported Crime ◽  
Criminal Legal System ◽  
Deaths In Custody

This project combines the conversation on the national crime rate with emerging discussions on the violence that the state perpetrates against civilians. To measure US lethal violence holistically, we reconceptualize the traditional definitional boundaries of violence to erase arbitrary distinctions between state- and civilian-caused crime and violence. Discussions of the “crime decline” focus specifically on civilian crime, positioning civilians as the sole danger to the health, wealth, and safety of individuals. Violence committed by the state—from police homicide to deaths in custody to in-prison sexual assault—is not found in the traditionally reported crime rate. These absences belie real dangers posed to individuals which are historical and contemporary, nonnegligible, and possibly rising. We present Uniform Crime Report data side-by-side with data on police killings, deaths in custody, and executions from sources such as Fatal Encounters, the Washington Post, the Guardian, and the Center for Disease Control to produce a robust discussion of deaths produced through the criminal legal system. We ground this empirical analysis in a broader conceptual framework that situates state violence squarely within the realm of US crime, and explore the implications of this more holistic view of crime for future analyses.

scholarly journals Modelling the impact of delaying vaccination against SARS-CoV-2 assuming unlimited vaccine supply

2021 ◽  
Vol 18 (1) ◽  
Author(s):  
Marcos Amaku ◽  
Dimas Tadeu Covas ◽  
Francisco Antonio Bezerra Coutinho ◽  
Raymundo Soares Azevedo ◽  
Eduardo Massad
Keyword(s):  
Mathematical Model ◽  
Vaccination Campaign ◽  
Vaccination Rate ◽  
Sao Paulo ◽  
The State ◽  
São Paulo ◽  
Health Authorities ◽  
The World ◽  
The Moment ◽  
The Impact

Abstract Background At the moment we have more than 177 million cases and 3.8 million deaths (as of June 2021) around the world and vaccination represents the only hope to control the pandemic. Imperfections in planning vaccine acquisition and difficulties in implementing distribution among the population, however, have hampered the control of the virus so far. Methods We propose a new mathematical model to estimate the impact of vaccination delay against the 2019 coronavirus disease (COVID-19) on the number of cases and deaths due to the disease in Brazil. We apply the model to Brazil as a whole and to the State of Sao Paulo, the most affected by COVID-19 in Brazil. We simulated the model for the populations of the State of Sao Paulo and Brazil as a whole, varying the scenarios related to vaccine efficacy and compliance from the populations. Results The model projects that, in the absence of vaccination, almost 170 thousand deaths and more than 350 thousand deaths will occur by the end of 2021 for Sao Paulo and Brazil, respectively. If in contrast, Sao Paulo and Brazil had enough vaccine supply and so started a vaccination campaign in January with the maximum vaccination rate, compliance and efficacy, they could have averted more than 112 thousand deaths and 127 thousand deaths, respectively. In addition, for each month of delay the number of deaths increases monotonically in a logarithmic fashion, for both the State of Sao Paulo and Brazil as a whole. Conclusions Our model shows that the current delay in the vaccination schedules that is observed in many countries has serious consequences in terms of mortality by the disease and should serve as an alert to health authorities to speed the process up such that the highest number of people to be immunized is reached in the shortest period of time.

Romantic (In)Justice: Criminal-Legal System-Impacted Black Women’s Romantic Relationship Status and Quality

2021 ◽  
pp. 155708512110194
Author(s):  
Allison E. Monterrosa
Keyword(s):  
Black Women ◽  
Working Class ◽  
Legal System ◽  
Romantic Relationship ◽  
Qualitative Interviews ◽  
Relationship Status ◽  
Black Feminist ◽  
Psychological Strain ◽  
System Data ◽  
Criminal Legal System

This study of working class, heterosexual, criminal-legal system-impacted Black women described the women’s romantic histories and current romantic relationship statuses in terms of commitment, exclusivity, and perceived quality. Using intersectional research methods, qualitative interviews were conducted with 31 Black women between the ages of 18 and 65 years who were working class, resided in Southern California, and were impacted by the criminal-legal system. Data were analyzed using an intersectional Black feminist criminological framework and findings revealed six types of relationship statuses. These relationship statuses did not live up to the women’s aspirations and yielded disparate levels of emotional and psychological strain across relationship statuses.

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