Victimhood, Dignity, and the Criminal Justice System: A Comment

2011 ◽  
Vol 44 (1-2) ◽  
pp. 301-313 ◽  
Author(s):  
Leslie Sebba
Keyword(s):  
Comparative Analysis ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Criminal Law ◽  
Justice System ◽  
System A ◽  
Meaningful Role ◽  
Alternative Remedies

While this comment primarily addresses the article by Anat Horovitz and Thomas Weigend on human dignity and victims' rights in the German and Israeli criminal process, it begins with a consideration of the role of the victim in other component parts of the criminal justice system, and in particular the substantive criminal law—a topic addressed in other articles included in this issue. There follows a review of the comparative analysis of the victim's role in Germany and Israel put forward by Horovitz and Weigend and a critique of the issues they raise, particularly as to the salience of the victim's procedural role. It is argued here that the victim should have a somewhat more meaningful role than that envisaged by these authors. The comment concludes with a brief consideration of the potential for the advancement of alternative remedies currently neglected by both systems, such as restorative justice.

Engaging Employers and Business in the Hiring of Individuals with Criminal Records

2014 ◽  
Vol 45 (4) ◽  
pp. 15-24 ◽  
Author(s):  
J. Gordon Swensen ◽  
John Rakis ◽  
Melanie G. Snyder ◽  
Randall E. Loss
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Criminal Records ◽  
Recidivism Rates ◽  
Lancaster County ◽  
System A ◽  
Collaborative Community ◽  
Reducing Recidivism

The successful reentry and reintegration of ex-offenders with disabilities will be discussed in terms of barrier removal, employer perception, and an improved relationship with the criminal justice system. A criminal record limits opportunitiesfor employment and without collaborative community supports can increase both recidivism rates and increase costs to an over-burdened criminal justice system. Employer relationships, including outreach, marketing and evidence-based partneringlcollaboration will be reviewed, including a model program from Lancaster County, Pennsylvania that supports the discussion. Special considerations for those with sex offenses will be provided, as well as efforts to eliminate the stigma involved with criminal and/or felony records. The correlation between disability and delinquency in terms of both impairment and vocational impediments is described through three disabilities (TBL Substance Abuse/Dependency, and Mental Illness). The role of the VR counselor in terms of community efforts at reducing recidivism, increasing employment outcomes for ex-offenders/clients, through effective partnerships, can affect significantly both societal and economic improvement, as well as impact overall recidivism, reentry and community reintegration issues for ex-offenders.

scholarly journals Implementation of Transcendental-Based Juvenile Criminal Sanctions

2021 ◽  
Vol 3 (1) ◽  
pp. 50-62
Author(s):  
Agatha Jumiati
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Juvenile Crime ◽  
Criminal Sanctions ◽  
Legal Problems

The development of law in Indonesia is carried out based on the noble values contained in the precepts of Pancasila. These noble values are actually an inseparable part of transcendental values. Transcendental thought is an alternative to answer the failure of the positivistic view in solving legal problems in society. Regarding the implementation of juvenile criminal sanctions which commit criminal acts as regulated by Law number 11 of 2012 concerning the Juvenile Criminal Justice System, it turns out that in its regulation it has implemented transcendental values by placing child as noble creatures created by God who must always be guided and protected even though they have been or have committed a mistake or crime. Regulations on diversion, restorative justice, strengthening the role of the correctional center and the types of crimes that are humane are evidence that the implementation of juvenile criminal sanctions in Indonesia has contained transcendental values. Keywords: Implementation of Sanctions, Transcendental, Juvenile Crime 

scholarly journals The Optimization of the Role of Correctional Centers in the Indonesian Criminal Justice System

2021 ◽  
Vol 21 (3) ◽  
pp. 369
Author(s):  
Muhammad Arif Agus ◽  
Ari Susanto
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
No Value ◽  
Criminal Law ◽  
Justice System ◽  
Research Method ◽  
Criminal Code ◽  
Law Reform ◽  
Criminal Procedure Law

The purpose of this research is to examine and analyze (1) the role of Correctional Centers in the Criminal Justice System in Indonesia; and (2) the Optimization of the Role of Correctional Centers in the Criminal Justice System in Indonesia. The research method used is a normative juridical approach. The results of the research concluded; (1) Correctional Centers in the juvenile criminal justice system and in the adult criminal justice system both have a role, but the role of Correctional Centers in the adult criminal justice system has not been optimized as in the juvenile criminal justice system, and it tends to be discriminatory. (2) The optimization of the role of Correctional Centers in the Criminal Justice System in Indonesia needs to be carried out, because by optimizing the role of Correctional Centers, especially Correctional Research on adult cases, it will eliminate discrimination in treatment between children and adults and Correctional Research can be used as a reference for law enforcers. As a recommendation, it is suggested that in the Criminal Law Reform in Indonesia, both related to the renewal of the Criminal Procedure Law Code (KUHAP); the Criminal Code (KUHP); as well as the Corrections Law, the discrimination in making Correctional Research on juvenile cases and adult cases should be abolished, because it has no value of justice. The equalization of treatment related to Correctional Research will optimize the role of Correctional Research and also other law enforcers in achieving the value of justice in Indonesia.

scholarly journals Analisis Hukum Tentang Tindak Pidana Seksual Yang Terjadi Di Kota Medan (Study PutusanNomor : 1840/Pid.B/2014/PN.Mdn)

2020 ◽  
Vol 2 (2) ◽  
pp. 194-200
Author(s):  
Mhd. Hendara Adha ◽  
Edi Warman ◽  
Triono Eddy
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Juvenile Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Criminal Law ◽  
Justice System ◽  
Criminal Case ◽  
Justice Process ◽  
Criminal Justice Process

This article discusses how the law arrangements in the juvenile justice in the process of resolving the case, How restorative justice restrictions in law enforcement in Indonesia and How the application of Restorative justice law in the process of settlement of criminal case in Criminal Law in Indonesia. This type of research is normative juridical that describes reviewing and explaining and analyzing normative provisions associated with restorative justice applicable in Indonesia. From the above discussion that restorative justice in the settlement of criminal acts committed by children is very concerned in rebuilding relations after the occurrence of criminal acts, rather than exacerbate the rift between the perpetrators, victims and the community which is the character of the current modern criminal justice system. The restorative criminal justice process holds the view that realizing justice is not only a matter of government and criminality, but more than that it must provide justice in totality that can not ignore the interests and rights of victims and society. Implementation of the principle of restorative justice and the process of diversion as an effort to solve crimes committed by children in formal juridical has been set clearly and firmly in Law Number 11 Year 2012 about kids of justice.

Net-Widening and the Diversion of Young People From Court: A Longitudinal Analysis With Implications for Restorative Justice

2010 ◽  
Vol 43 (1) ◽  
pp. 112-129 ◽  
Author(s):  
Jeremy Prichard
Keyword(s):  
Criminal Justice ◽  
Young People ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Future Research ◽  
Youth Justice ◽  
System A ◽  
Police Records ◽  
Net Widening

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.

Addressing vulnerability in Ireland’s criminal justice system: A survey of recent statutory developments

2020 ◽  
Vol 24 (3) ◽  
pp. 280-306 ◽  
Author(s):  
Alan Cusack
Keyword(s):  
European Union ◽  
Criminal Justice ◽  
Intellectual Disabilities ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Justice System ◽  
Crime Victims ◽  
Sexual Offences ◽  
System A ◽  
Victims Of Crime

For over a quarter of century Ireland’s statutory special measures framework, as originally enacted by the Criminal Evidence Act 1992, remained largely unchanged, falling beyond the reformative gaze of successive Irish governments. This period of political inertia, however, came to an abrupt end in 2017 when Irish policymakers, motivated by developments at a European Union level, introduced two landmark legislative instruments which promised to reimagine the availability and diversity of Ireland’s store of statutory testimonial accommodations, namely the Criminal Law (Sexual Offences) Act 2017 and the Criminal Justice (Victims of Crime) Act 2017. By interrogating these newly-commenced instruments in light of the experience of crime victims with intellectual disabilities, this paper surveys the current procedural landscape governing the treatment of vulnerable crime victims in Ireland and is intended to go some way towards exposing the embedded evidential barriers which continue to prejudice efforts aimed at securing their best evidence in court.

The Acquittal (After Pretrial Detention) – a Rare but Fascinating Phenomenon of the Criminal Justice System

2019 ◽  
Vol 27 (4) ◽  
pp. 346-362
Author(s):  
Peter J. Kurlemann ◽  
Jörg Kinzig
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Justice System ◽  
Research Team ◽  
Multidisciplinary Approach ◽  
Criminal Proceedings ◽  
Pretrial Detention ◽  
Different Parts

The acquittal leads – compared to other phenomena – a shadowy existence in German criminal law and criminological science. A research team from the Institute of Criminology in Tübingen investigated criminal proceedings where the accused were held in pretrial detention before eventually being acquitted and categorized and described the proceedings from various perspectives utilising a multidisciplinary approach. The article deals with the role of doubt in such proceedings and the way in which so-called “second class acquittals” are expressed in written judgements. Furthermore, this article, besides providing an overview of exemplary main results, aims to inspire the scholarly community to pay more attention to acquittal decisions taken in different parts of criminal procedures, also within a comparative perspective.

Restorative Justice: A Contrivance of Compensatory Jurisprudence for the Victims of Rape in India

2019 ◽  
Vol 2 (2) ◽  
pp. 202-214
Author(s):  
S. Z. Amani ◽  
Nisha Dhanraj Dewani
Keyword(s):  
Criminal Justice ◽  
Special Reference ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Present Article ◽  
Criminal Law ◽  
Justice System ◽  
The State ◽  
Adversarial System ◽  
Rape Case

Victims in rape cases are invariably the forgotten part in India’s criminal adversarial system. While the accused, more often than not, is protected with all the resources available at the expenditure of the State, the victim is left to fend for herself with little or no support from the State machinery. She is merely transformed to a witness to watch the entire play being organized by the accused and the State as the protagonists. The violations of victim’s rights, the invasion of her dignity, the actual losses incurred to her do not constitute matter of concern of any one. India, at present, is faced with the situations where respect for criminal law has reduced to minimum; one of the crucial reasons being the hapless condition of the victims. Perhaps, the most dismal condition is witnessed in the rape case. The present article seeks to highlight the plight of victims in Indian Criminal Justice System with special reference to victims of rape and also highlights the attempts of the judiciary to fill all the gaps through restorative justice to repair the harm caused by criminals.

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