WHY ONLY THE STATE MAY INFLICT CRIMINAL SANCTIONS: THE CASE AGAINST PRIVATELY INFLICTED SANCTIONS

Legal Theory ◽  
2008 ◽  
Vol 14 (2) ◽  
pp. 113-133 ◽  
Author(s):  
Alon Harel
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
The State ◽  
Private Prisons ◽  
Criminal Sanctions ◽  
Role Of The State ◽  
The Individual ◽  
Private Individual

Criminal sanctions are typically inflicted by the state. The central role of the state in determining the severity of these sanctions and inflicting them requires justification. One justification for state-inflicted sanctions is simply that the state is more likely than other agents to determine accurately what a wrongdoer justly deserves and to inflict a just sanction on those who deserve it. Hence, in principle, the state could be replaced by other agents, for example, private individuals. This hypothesis has given rise to recent calls to reform the state's criminal justice system by introducing privately inflicted sanctions, for example, shaming penalties, private prisons, or private probationary services. This paper challenges this view and argues that the agency of the state is indispensable to criminal sanctions. Privately inflicted sanctions sever the link between the state's judgments concerning the wrongfulness of the action and the appropriateness of the sanction and the infliction of sufferings on the criminal. When a private individual inflicts punishment, she acts on what she and not the state judges to be a justified response to a criminal act. Privately inflicted sanctions for violations of criminal laws are not grounded in the judgments of the appropriate agent, namely the state. It is impermissible on the part of the state to approve, encourage, or initiate the infliction of a sanction (for violating a state-issued prohibition) on an alleged wrongdoer on the basis of a private judgment. Such an approval grants undue weight to the private judgment of the individual who inflicts the sanction.

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 A Critical Study on Implementation of Section 357A of the Criminal Procedure Code with reference to the Rights of the Victims

2021 ◽  
Vol 6 (9) ◽  
pp. 45-56
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Criminal Procedure ◽  
The State ◽  
Judicial System ◽  
Critical Study ◽  
Legal Service ◽  
Procedure Code

It is a weakness of our jurisprudence that the victims of the crimes, and the distress of the dependants of the prisoner, do not attract the attention of the law .The District Legal Service Authority (DLSA) or the State Legal Service Authority (SLSA) needs to decide the quantum of compensation to be given under the scheme. Section 357A was a necessary enactment, and is useful, because the victim need not prove his case to get compensation under this section, which should hasten the process, but unfortunately the scheme is not being implemented completely. This paper analyses the plight of the victims of crimes under the Indian Criminal Justice System, and the importance of section 357A for protection of their rights. It further argues that that the scheme is not being implemented properly, and there is a lack of uniformity in the statute of each state. The verification procedure of these states is justified only if it does not hinder the compensation of a genuine victim. It explains the importance of immediate compensation, and the role of judiciary in the journey from the enactment to implementation of any scheme and statute. This paper concludes by suggesting changes that could be brought into the Indian Criminal judicial system for the betterment of the victim’s right and society atlarge.

scholarly journals Optimization of The Role of State Storehouse for Seized Goods (RUPBASAN) Expansion of The Authority in The Perspective of Integrated Criminal Justice System

2018 ◽  
Vol 54 ◽  
pp. 07003
Author(s):  
Irma Cahyaningtyas
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
The State ◽  
The Future ◽  
Investigation Process ◽  
Business Correspondence

On the investigation process one of it forced effort by the investigator, namely seizure. Seized goods are saved n maintenance in The Role of State Storehouse for Seized Goods which namely RUPBASAN The problem of this paper are first, How is the implementation of authority process of the seized goods of state and the state booty in RUPBASAN; second, How is expansion of authority of RUPBASAN at the future. The method is used a normative juridical method which statute approach. The results show that the authority of RUPBASAN as effort to carry out its main duties are as follows: administering; conducting maintenance and transfer of State’s Confiscated and Seized Objects; conducting security and management of RUPBASAN; conducting business correspondence and filing but there is a facts in the RUPBASAN especially in management and maintenance of seized and spoiled goods of the state. Penal reforms of RUPBASAN are need to be realized which are not just to management and maintenance of seized and spoiled goods but it can also to strengthening of the RUPBASAN duties and authorities to extended to give the authority to auction the goods.

scholarly journals The Role of Judges in Guaranteeing Legal Certainty and Justice: An Analysis to the Application of Judicial Independence Principle in Criminal Cases in Indonesia

2019 ◽  
Vol 3 ◽  
pp. 201-209
Author(s):  
Vivi Ariyanti
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Judicial Independence ◽  
The State ◽  
Legal Certainty ◽  
Criminal Cases ◽  
The Public ◽  
Independence Principle

The duty and obligation of a state based on law is to provide protection for the public from all possible crimes, so that the state has a role in conducting prevention and repression of crime, and this cannot be separated from the implementation of criminal law by the state, as a tool to protect the public. The authority of the state to provide criminal sanctions is then delegated to law enforcement officers working in a system known as the Criminal Justice System. The criminal justice system itself is strongly influenced by the community environment and the field of human life. Therefore, the criminal justice system will always experience interaction, interconnection, and interdependence with its environment and sub-systems of the criminal justice system itself. One of the supporting sub-systems that have a very important role in implementing the criminal justice system is the court, which contains judges who are authorized by law to adjudicate. Judges in their capacity as authorities in the legal field have freedom as a form of independence in carrying out their duties. This independence does not mean that judges are freed from all obligations and responsibilities, but the independence of judges has the meaning of their existence as bearers of moral responsibility for upholding justice. This paper discusses the role of judges in ensuring legal certainty and justice in society, especially in handling criminal cases. This paper uses normative and philosophical analysis to the application of judicial independence principle in adjudicating criminal cases in the Indonesian criminal justice system.

Reflections on Institutional Cosmopolitanism

2018 ◽  
Author(s):  
Richard Beardsworth
Keyword(s):  
The State ◽  
Nuclear Disarmament ◽  
Global Policy ◽  
Mitigation And Adaptation ◽  
Political Purpose ◽  
Role Of The State ◽  
Agents Of Change ◽  
The Individual ◽  
Change Mitigation

With its moral commitment to the individual, cosmopolitanism has often downplayed the role of the state in cosmopolitan commitments and their practices. There is, however, emerging concern to put the state back into cosmopolitan concerns. This chapter argues that two outstanding reasons for this intellectual move are of an institutional and political nature. First, despite the recent pluralization of global actors, states remain the major agents of change within a (post-Western) system of states; both the moral and political purpose of the state should therefore be aligned with global imperatives. Second, a clearly formulated “marriage” between the global and the national is required to line up institutional motivation for enlightened global policy. This chapter argues, accordingly, for cosmopolitan state responsibilities toward the provision of global public goods (examples include nuclear disarmament, climate change mitigation and adaptation, and sustainable development).

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