Denying Due Process While Promoting Democracy: The Iraqi Detention Story

International Human Rights ◽

The Us ◽

Day To Day Operations ◽

Professional Conflicts ◽

During times of military occupation following an armed conflict it is not uncommon for the victors to implement mass detention programmes aimed both at providing security and bringing criminals to justice. International human rights regimes serve as overarching guidance for these programmes but are subject to broad interpretations, so it is often unclear what regulations or laws should inform day-to-day operations. Military and civilian lawyers may find themselves practising in a foreign jurisdiction for which they have no training or experience, let alone licensure. Law enforcement officers and military police are forced to adapt long-held practices to a new environment. Questions arise as to the rights that detained individuals possess, as these programmes frequently combine rules from different legal systems with no clear authoritative hierarchy. Attention is focused on the treatment of detained individuals with far less emphasis placed on their due process rights or other fundamental legal freedoms. This article examines one such instance, the US detention programme in Iraq, and highlights the numerous ethical and professional conflicts presented when members of one justice system are transplanted into another without proper preparation and background.

ANAK NAKAL: DIVERSI DAN DILEMA PENERAPANNYA

Jurnal Hukum & Pembangunan ◽

10.21143/jhp.vol39.no4.290 ◽

2009 ◽

Vol 39 (4) ◽

pp. 418

Author(s):

Eva Achjani Zulfa

Keyword(s):

Criminal Justice ◽

Law Enforcement ◽

Criminal Justice System ◽

Justice System ◽

Management Policy ◽

Criminal Case ◽

Judicial Process ◽

Law Enforcement Officials ◽

Discourse Management

AbstrakHandling problems through brat children and children who have problems with the law have occurred again when some kids sticking a gamble being arrested at near Soekarno Hatta Airport areas then processed into the judicial process. Diversion is a form of change the process by which a program can only take place on hold pre-adjudication in the criminal justice system. Forms of transfer or diversion of this case are indeed associated with the authority possessed discretion of law enforcement officers. Giddiness has appeared in the process of implementation of diversion by law enforcement officials, the search for forms of application of the criminal case handlingchild has become a growing discourse management. Policy taken toward the institution of criminal diversion not only becomes demand for law enforcement officers, but also must be institutionalized through plain legal mechanisms. It becomes author's concern to create more certain procedures to brighten solve on deviant children in this way

Peranan Kepolisian dalam Penerapan Restorative Justice terhadap Pelaku Tindak Pidana Pengeroyokan yang Dilakukan oleh Anak dan Orang Dewasa

Jurnal Ilmiah Penegakan Hukum ◽

10.31289/jiph.v5i1.1977 ◽

2019 ◽

Vol 5 (1) ◽

pp. 32

Author(s):

Haryanto Ginting ◽

Muazzul Muazzul

Keyword(s):

High School ◽

High School Students ◽

Law Enforcement ◽

Restorative Justice ◽

Justice System ◽

School Students ◽

Criminal Offenses ◽

Law And Justice

The Role of the Police in the Application of Restorative Justice to Perpetrators of Criminal Offenses Conducted by Children and Adults <h1>The rise of cases of brawl between high school students and even not only between high school students, but also has hit up to campuses, this often happens in big cities such as Jakarta, Surabaya, and Medan. This study aims to determine the role of the Police in implementing Restorative Justice against perpetrators of criminal acts of beating carried out by children and adults that occurred in the District of Namo Rambe District of Deli Serdang. The research method is done by using descriptive qualitative method that is normative. Based on the data obtained in the results of this study, the authors draw conclusions as follows: The criminal justice system must always promote the importance of law and justice. But there is a false view that the measure of the success of law enforcement is only marked by the success of bringing a suspect to court and then being sentenced. The measure of success of law enforcement by law enforcement officers should be characterized by the achievement of values of justice in the community. The police as a state tool that plays a role in enforcing the law is expected to be able to respond to this by implementing a Restorative Justice mechanism.</h1>

Introduction

This Land is My Land ◽

10.1093/oso/9780197500699.003.0001 ◽

2020 ◽

pp. 1-6

Author(s):

James R. Skillen

Keyword(s):

Law Enforcement ◽

Federal Government ◽

Federal Law ◽

Federal Law Enforcement ◽

Federal Lands ◽

Basic Rights ◽

The Us ◽

Us Constitution

In April 2014, near Bunkerville, Nevada, Cliven Bundy and hundreds of armed supporters faced off with federal law enforcement officers who were removing his trespassing cattle from federal lands. Bundy described himself as the victim of a rogue federal government that trampled the US Constitution and deprived him of basic rights, and he was ready to “take this country back by force.”...

Charge Bargaining and Sentence Discount: The Victim's Perspective

International Review of Victimology ◽

10.1177/026975809700500102 ◽

1997 ◽

Vol 5 (1) ◽

pp. 23-36 ◽

Cited By ~ 1

Author(s):

Helen Fenwick

Keyword(s):

Criminal Justice ◽

Criminal Justice System ◽

Justice System ◽

Due Process ◽

Crime Control ◽

Charge Bargaining ◽

The Impact ◽

This paper draws attention to the interests of the victim in the criminal justice system in relation to the use of charge bargaining and the sentence discount in UK law. The paper argues that debate in this area tends to assume that these practices, particularly use of the graded sentence discount, are in harmony with the needs of crime control and with the interests of victims, but that they may infringe due process rights. Debate tends to concentrate on the due process implications of such practices, while the ready association of victims' interests with those of crime control tends to preclude consideration of a distinctive victim's perspective. This paper therefore seeks to identify the impact of charge bargaining and the sentence discount on victims in order to identify a particular victim's perspective. It goes on to evaluate measures which would afford it expression including the introduction of victim consultation and participation in charge bargains and discount decisions as proposed under the 1996 Victim's Charter. It will be argued, however, that while this possibility has value, victims' interests might be more clearly served by limiting or abandoning the use of these practices.

Has The ‘War on Terror’ Put Due Process on the Stand?

Nordic Journal of European Law ◽

10.36969/njel.v2i2.20369 ◽

2019 ◽

Vol 2 (2) ◽

pp. 56-68

Author(s):

Patrick Leisure

Keyword(s):

Due Process ◽

District Court ◽

Constitutional Rights ◽

Public Officials ◽

Circuit Court ◽

Counter Terrorism ◽

Court Of Appeals ◽

European Court ◽

The Us ◽

The European Court of Justice (ECJ) struck a balance between due process rights and national security in the Kadi II case. Applying the ECJ’s analysis to a case recently decided by the D.C. District Court – the Zaidan case – illustrates that a more rights-protective approach can be attained in US courts too. First, this article will explore due process in Europe via the four different versions of the Kadi case. Then, it will take an in-depth look at the Zaidan case. The article concludes by arguing that the D.C. Circuit Court of Appeals should adopt a stance on due process similar to that taken by the ECJ in the Kadi II case – which served to uphold the rule of law in Europe by making the actions of public officials reviewable before EU courts in the counter-terrorism context. By exercising a more ‘muscular’ attitude towards the other branches of government’s counter-terrorism measures, the US judiciary might use this case to start a new line of precedent distinct from prior US cases with respect to US citizens’ constitutional rights in the post 9/11 counter-terrorism paradigm.

PENDEKATAN RESTORATIF DALAM PENJATUHAN SANKSI TINDAKAN BAGI ANAK YANG BERKONFLIK DENGAN HUKUM

Madani Legal Review ◽

10.31850/malrev.v2i2.335 ◽

2019 ◽

Vol 2 (2) ◽

pp. 129-143

Author(s):

Citra

Keyword(s):

Law Enforcement ◽

Justice System ◽

Character Development ◽

Early Age ◽

Legal Research ◽

Criminal Offenses ◽

The World ◽

The Future ◽

The Law

Children are the next generation of the nation, the existence of children is very important because the child is a potential fate of the nation as well as a mirror attitude of life of the nation in the future. A child who is a superior seed and has the widest hope to prepare for his future as a milestone of success of a nation in the future should not fall in the world of evil. It is unfortunate that children at an early age have been involved in criminal offenses and past their youth behind bars, increasingly contaminated with other inmates. This research was empirical legal research, that is the research on the provisions of the legislation in the national law concerning restorative approach in the imposition of action sanctions against children in conflict with law in order to keep children away from imprisonment and negative stigma in society . Addressing the issue of a child in conflict with the law should be done in a familial approach and avoiding children from prison as much as possible. The sanction of action for the child contained in Article 82 of Law Number 11 of 2012 on Criminal Justice System for Children expected to prevent the child from the negative stigma in society and keep the children from bad effects of prison. Thus the current restorative model of punishment is more applicable in handling child offenders. It is expected that law enforcement officers to pay attention to the provisions of the rules that apply to children in conflict with the law in terms of imposition of more sanctions toward education and character development of children so that the threat of imprisonment becomes the last alternative in imposing sanctions for children

Misdemeanor Courts, Due Process, and Case Outcomes

Criminal Justice Policy Review ◽

10.1177/0887403420901759 ◽

2020 ◽

Vol 31 (9) ◽

pp. 1312-1339

Author(s):

Alisa Smith ◽

Sean Maddan

Keyword(s):

Criminal Justice ◽

Justice System ◽

Due Process ◽

Secondary Data ◽

Future Research ◽

Research Findings ◽

Due Process Rights ◽

Sentencing Research ◽

Research And Policy ◽

Sentencing Outcomes

Very little research on courts and sentencing outcomes focuses on misdemeanor courts despite the fact that most crime processed through the criminal justice system is misdemeanor in nature. In fact, the overwhelming empiricism in this area is on felony court outcomes at either the federal or state levels. This research utilized a mixed methodology approach, a combination of observation, survey, and secondary data, to explore misdemeanor court outcomes across the State of Florida. In particular, this research focused on the extent of due process afforded misdemeanor defendants and how this impacted case outcomes. Findings indicate an overall lack of due process and awareness of due process rights across the vast majority of cases. This study also explored sentencing outcomes via traditional metrics associated with contemporary sentencing research. Findings suggest that misdemeanor courts processing operate much differently than felony courts. The implications for future research and policy are discussed.

Dispatch Priming and the Police Decision to Use Deadly Force

Police Quarterly ◽

10.1177/1098611119896653 ◽

2019 ◽

Vol 23 (3) ◽

pp. 311-332 ◽

Cited By ~ 5

Author(s):

Paul L. Taylor

Keyword(s):

Law Enforcement ◽

Justice System ◽

Human Error ◽

Deadly Force ◽

Theoretical Concepts ◽

Randomized Controlled ◽

Simulated Environment ◽

Police Shootings ◽

Randomized Controlled Experiment

Police shootings have become one of the most “visible and controversial” aspects of the criminal justice system . Yet, very little empirical effort has been devoted to understanding the underlying systemic vulnerabilities that likely contribute to these tragic outcomes. Using a randomized controlled experiment that incorporated a police firearms simulator and 306 active law enforcement officers, this study examined the effects of dispatch priming on an officer’s decision to use deadly force. The findings suggest that officers rely heavily on dispatched information in making the decision to pull the trigger when confronted with an ambiguously armed subject in a simulated environment. When the dispatched information was erroneous, it contributed to a significant increase in shooting errors. The results contribute to a broader understanding of officer decision-making within the context of police shootings and introduce the theoretical concepts of cognitive heuristics and human error to the research on police use of deadly force.

Occupational homicide of law enforcement officers in the US, 1996–2010

Injury Prevention ◽

10.1136/injuryprev-2013-040799 ◽

2013 ◽

Vol 20 (1) ◽

pp. 35-40 ◽

Cited By ~ 7

Author(s):

David I Swedler ◽

Cassandra Kercher ◽

Molly M Simmons ◽

Keshia M Pollack

Keyword(s):

Law Enforcement ◽

The Us

The Missing Algorithm: Safeguarding Brady Against the Rise of Trade Secrecy in Policing

Michigan Law Review ◽

10.36644/mlr.120.3.missing ◽

2021 ◽

pp. 157

Author(s):

Deborah Won

Keyword(s):

Law Enforcement ◽

Intellectual Property ◽

Due Process ◽

Trade Secret ◽

Intellectual Property Protection ◽

The State ◽

Police Departments ◽

Power Asymmetry ◽

Trade secrecy, a form of intellectual property protection, serves the important societal function of promoting innovation. But as police departments across the country increasingly rely on proprietary technologies like facial recognition and predictive policing tools, an uneasy tension between due process and trade secrecy has developed: to fulfill Brady’s constitutional promise of a fair trial, defendants must have access to the technologies accusing them, access that trade secrecy inhibits. Thus far, this tension is being resolved too far in favor of the trade secret holder—and at too great an expense to the defendant. The wrong balance has been struck. This Note offers three contributions. First, it explains the use of algorithms in law enforcement and the intertwined role of trade secrecy protections. Second, it shows how trade secrecy clashes with the Due Process Clause—the Constitution’s mechanism for correcting the power asymmetry between the state and the defendant—and argues that due process should not waver simply because a source of evidence is digital, not human. Third, it proposes a solution that better balances a defendant’s due process rights with intellectual property protections.