Children and the Expanding Role of the Criminal Law

1999 ◽  
Vol 4 (2) ◽  
pp. 85-90 ◽  
Author(s):  
Sue Bandalli

Looking back, the 1980s was a decade of enlightenment and success in juvenile justice practice in this country; diverting youngsters away from the criminal courts and reducing the severity of response towards those who were prosecuted did not result in crime waves or public demand to stop this lenient treatment of the young. In the 1990s, the whole criminal justice system took a significant turn towards retribution and punishment. The movement may have been aimed initially at certain groups of criminals, particularly the persistent and serious, but swept all in its wake, including children aged 10–14 who were neither. There is little apparent appreciation of the damaging consequences of this trend, not only for individual children but also for the whole concept of childhood. There is now a wide discrepancy between the approach taken by the criminal and civil law towards children which current criminal justice policies indicate is to continue into the foreseeable future.

2011 ◽  
Vol 44 (1-2) ◽  
pp. 301-313 ◽  
Author(s):  
Leslie Sebba

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.


PRANATA HUKUM ◽  
2020 ◽  
Vol 15 (2) ◽  
pp. 132-142
Author(s):  
Annisa Dian Permata Herista ◽  
Aristo Evandy A. Barlian

Penal code in the formulation of criminal law is currently only fixated on the provisions of criminal acts and crimes without including the goals and principles of punishment. Therefore, criminal law is currently considered rigid and inhumane in its application in small cases that are deemed to require social justice. Formulations which do not have objectives and principles in criminal guidelines will not produce effective law, now there is an idea that is Rechterlijk Pardon as one of the concepts in criminal reform that has been used by various countries implementing civil law systems. The results of the analysis in this study found 6 (six) articles relating to the value of forgiveness in the current formulation of the Kuhp but not the pure forgiveness value and the discovery of 5 (five) criminal justice applications that already have forgiveness values but still cannot be applied properly because they are not properly applied the existence of forgiveness formulations in the current criminal. The formulation of the judge's forgiveness idea "Rechterlijk Pardon" will make the criminal law system in Indonesia to come to be more integral, flexible, humanist, progress and nationalist. The criminal justice system desperately needs significant reforms such as the inclusion of criminal law goals and principles so that an effective criminal justice system in Indonesia is realized.


2021 ◽  
Vol 21 (3) ◽  
pp. 369
Author(s):  
Muhammad Arif Agus ◽  
Ari Susanto

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.


Utilitas ◽  
1997 ◽  
Vol 9 (1) ◽  
pp. 99-114 ◽  
Author(s):  
Brenda M. Baker

Restorative justice should have greater weight as a criterion in criminal justice sentencing practice. It permits a realistic recognition of the kinds of harm and damage caused by offences, and encourages individualized non-custodial sentencing options as ways of addressing these harms. Non-custodial sentences have proven more effective than incarceration in securing social reconciliation and preventing recidivism, and they avoid the serious social and personal costs of imprisonment. This paper argues in support of restorative justice as a guiding idea in sentencing. As part of this defence, it considers whether the use of the idea of restorative justice will conflate criminal law with civil law or displace the authority of the criminal courts, and whether the sentences it recommends are best thought of as punishments or alternatives to punishment.


2019 ◽  
Vol 27 (4) ◽  
pp. 346-362
Author(s):  
Peter J. Kurlemann ◽  
Jörg Kinzig

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.


2018 ◽  
Vol 5 (1) ◽  
Author(s):  
Sofyan Wimbo Agung Pradnyawan ◽  
Hartiwiningsih , ◽  
Hari Purwadi

<p>Abstract<br />This article intends to analyze the use of the jury system in the criminal justice system of Indonesia, jury is a form of lay participation or the participation of lay that community of professional non-law in the the role of judges is absolute in the criminal justice process, in the legal system of modern states today dichotomy between legal systems tradition of common law or civil law is fading and towards the tendency make changes conceptually to the criminal justice system, so that the judicial process drab dominated the role of judges is great where law and justice seems to be the monopoly of a judge, the role of judges research using law approach, conceptual, and comparative law. The results of this study is that morality is the essence of a sense of justice in society, morality can not be separated from the law, because morality is is what is considered correct by the general public, so the public will view the law as something that has no authority and can not be trusted, when morality is left in any decision of the judge in criminal judicial institutions that exist, because the inclusion of jury in the criminal justice system to prosecute local is the living law in automatically entered in every decision, every decision so it is possible to better meet the sense of justice in society.</p><p>Keyword: jury, society, the criminal justice system</p><p>Abstrak<br />Artikel ini bermaksud menganalisis mengenai penggunaan sistem peradilan jurypada sistem peradilan pidana Indonesia, jury adalah wujud dari lay participation atau partisipasi awam yaitu masyarakat dari professional  non hukum  didalam  peradilan, untuk  memberikan putusan  yang lebih  memenuhi  rasa keadilan didalam masyarakat, untuk menghindari peran hakim yang absolut dalam proses peradilan pidana, dalam sistem hukum negara-negara modern saat ini dikotomi antara sistem hukum tradisi common law atau civil law semakin memudar dan menuju kecenderungan untuk mencampurkan kedua sistem hukum tersebut demi menemukan keadilan substantif dalam proses peradilan. Indonesia tidak pernah melakukan perubahan secara konseptual pada sistem peradilan pidananya, sehingga proses peradilan yang menjemukan yang didominasi peran hakim yang besar dimana hukum dan keadilan seolah-olah aspek hukumnya dalam mengadili, Penelitian hukum ini menggunakan pendekatan perundang-undangan, konseptual, dan perbandingan hukum. Hasil penelitian ini adalah bahwa moralitas adalah esensi dari rasa keadilan didalam masyarakat, moralitas tidak bisa dipisahkan dari hukum, sebab moralitas adalah adalah apa yang dianggap benar oleh masyarakat secara umum, sehingga masyarakat akan memandang hukum sebagai sesuatu yang tidak memiliki wibawa dan tidak dapat dipercaya, saat moralitas ditinggalkan didalam setiap putusan hakim didalam peradilan pidana. Memasukkanjury didalam sistem peradilan mampu meningkatkan tingkat kepercayaan masyarakat terhadap hukum dan institusi peradilan yang ada, sebab dengan dimasukkannya jury didalam sistem peradilan pidana untuk mengadili dalam aspek <br />the living law secara otomatis masuk didalam setiap putusan, sehingga dimungkinkan setiap putusan lebih dapat memenuhi rasa keadilan didalam masyarakat.</p><p>Kata kunci: jury, masyarakat, sistem peradilan pidana</p>


Author(s):  
Olmos Тolif Ugli Makhmudov ◽  

This article examines the use of punishment in the form of imprisonment in the legislation of foreign countries. This article analyzes the role of imprisonment in the criminal justice system of some foreign countries, as well as its application to the crime committed, the terms and conditions of imprisonment. The issues of development and implementation of the most effective, but at the same time promising methods and techniques of influencing convicts serving sentences in foreign countries are analyzed.


Author(s):  
Jeremy Horder

This chapter discusses the process of criminal law. The focus is on the importance of the exercise of official discretion, on the criminal law in action, and on the role of bureaucracy in criminal law. There is also an outline of sentencing powers. Patterns of decision-making by criminal justice officials are one of four key pillars of criminal law and justice, along with criminal law principles, rules, and standards. We will see how these patterns are structured by crime management and bureaucratic-administrative techniques designed to reduce the number of contested trials and issues, and hence take pressure off the criminal justice system as a whole.


Author(s):  
Ana Aliverti ◽  
Rachel Seoighe

Court interpreters have seldom been featured in studies on the criminal courts. Until recently, cases requiring court interpreters were rare and marginal. The peculiarity and historical rarity of these cases may explain the lack of academic consideration of the work of court interpreters in the criminal justice literature. Rapid demographic changes brought about by mass migration, however, are changing the make-up of criminal justice proceedings, rendering court interpreters key participants and inexorable aides for the everyday running of the criminal justice system. This article examines the increased reliance on interpreters and the nature of their involvement in criminal justice proceedings. It will explore the relationship between interpreters and defendants, on the one hand, and between interpreters, counsels, and judges, on the other. Drawing on empirical data stemming from a research project on foreign national defendants conducted in Birmingham’s criminal courts, we explore issues of trust and reliability underpinning the intervention of court interpreters and the implications of these interventions for the defendant’s case. The use of interpreters aims first and foremost to ensure the defendant’s right to defense. Yet, as we show, their intervention is often propelled or hindered by instrumental, procedural, or logistical reasons, intimately linked to the rapid transformation of the demography of defendants and the privatization of services related to the criminal justice system.


Author(s):  
Luke McNamara ◽  
Julia Quilter ◽  
Tamara Walsh ◽  
Thalia Anthony

Lawyers and allied professionals who have experience supporting, advising and representing people experiencing homelessness are uniquely placed to identify problems with the operation of the criminal justice system—from policing to courts to punishment—and to conceive reform options. This article reports the findings of qualitative interviews with lawyers and allied professionals in all Australian states and territories. Participants identified multiple points where decisions about criminal law enforcement fail to take adequate account of the complex factors that underlie ‘offending’ by people experiencing homelessness, producing outcomes that exacerbate disadvantage. They advanced a range of proposals for reform directed at breaking the nexus between homelessness and criminalisation, including re-conception of the role of police, adoption of therapeutic jurisprudence (or ‘solution-focused’) models in criminal courts, and major changes to the use of fines as a criminal punishment.


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