1. Introduction to criminal law

The Difference

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter begins by addressing the question: What is a crime? It then discusses the difference between criminal law, the law of tort, and contract law; the function of criminal law; sources of criminal law; the classification of offences; the criminal justice process; the hierarchy of the criminal courts; the burden and standard of proof; and the elements of an offence.

Reparation and Criminal Justice: Can they be Integrated?

Israel Law Review ◽

10.1017/s0021223700015120 ◽

1996 ◽

Vol 30 (3-4) ◽

pp. 316-330 ◽

Cited By ~ 2

Author(s):

Susanne Walther

Keyword(s):

Criminal Justice ◽

The State ◽

Sufficient Evidence ◽

Criminal Courts ◽

The Public ◽

Private Interests ◽

Justice Process ◽

The Right ◽

Civil Courts

The role of the victim within the public criminal justice process has traditionally been one of supporting public prosecution. Without the victim's cooperation, police and prosecutors would neither be informed about the occurrence of crimes, nor be able to bring sufficient evidence to secure convictions or extra-judicial settlements. In Germany, for instance, about 90% of all prosecutions are initiated by private complaint.Compared to what the victim gives the state, the state traditionally gives little to the victim. While the victim's procedural position has been strengthened in Germany in recent decades, namely by the expansion of the right to join the prosecution as a collateral complainant, procedural participation alone has not been sufficient to satisfy the victim's need to be made whole. Victimological research indicates that the victim has a profound interest in compensation of damages. However, since according to our traditional understanding, the victim's claims and the State's claims against the offender are inherently different in nature, they ought to be governed by different types of principles and proceedings. Doctrinally, the criminal courts settle the State's conflict with the offender, while the victim's conflict with the offender is a matter for the civil law and the civil courts. Therefore, the legal consequences of crime, it is believed, reflect primarily the needs of the general public and not the “private” interests of the victim (whether defined as to receive: compensation; reparation; satisfaction; vindication).

Victimization and revictimization

10.1093/oxfordhb/9780190213633.013.14 ◽

2017 ◽

Author(s):

Sandra Walklate ◽

Jody Clay-Warner

Keyword(s):

Criminal Justice ◽

Sexual Assault ◽

Data Sources ◽

Policy And Practice ◽

Policy Interventions ◽

Key Points ◽

International Data ◽

Justice Process ◽

Assault Victims

Central to understanding the experiences of sexual assault victims is the phenomenon of revictimization, in which victims feel victimized not only from the assault but also from their experiences of the criminal justice process. This essay discusses the nature and extent of victimization as a result of sexual assault from national and international data sources. It considers the key points at which such victims experience revictimization from their contact with the criminal justice process. It analyses the success of policy interventions designed to have an impact on those experiences. Underpinning this analysis is the concept of gender. The authors demonstrate the extent to which gendered assumptions embedded in policy and practice still frame the experiences of sexual assault victims.

Victims’ rights are human rights: The importance of recognizing victims as persons

Temida ◽

10.2298/tem1202071w ◽

2012 ◽

Vol 15 (2) ◽

pp. 71-83 ◽

Cited By ~ 6

Author(s):

Jo-Anne Wemmers

Keyword(s):

Human Rights ◽

Criminal Justice ◽

Criminal Justice System ◽

Criminal Law ◽

Justice System ◽

Crime Victims ◽

The State ◽

Justice Process ◽

The Right

In this paper the author argues that victims? rights are human rights. Criminal law typically views victims as witnesses to a crime against the state, thus shutting them out of the criminal justice process and only allowing them in when they are needed to testify. This is a major source of dissatisfaction for victims who seek validation in the criminal justice system. Victims are persons with rights and privileges. Crimes constitute violations of their rights as well as acts against society or the state. While human rights instruments, such as the Universal Declaration of Human Rights, do not mention crime victims specifically, a number of rights are identified, which can be viewed from the victim?s perspective. As individuals with dignity, victims have the right to recognition as persons before the law. However, such rights are only meaningful if they can be enforced.

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

ARBITER: Jurnal Ilmiah Magister Hukum ◽

10.31289/arbiter.v2i2.135 ◽

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 ◽

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.

KONSEPSI DAN APLIKASI PIDANA MATI DALAM PERADILAN DI INDONESIA

Jurnal Magister Hukum Udayana (Udayana Master Law Journal) ◽

10.24843/jmhu.2016.v05.i04.p06 ◽

2017 ◽

Vol 5 (4) ◽

pp. 711

Author(s):

I Made Pasek Budiawan

Keyword(s):

Human Rights ◽

Criminal Justice ◽

Death Penalty ◽

Criminal Law ◽

Capital Punishment ◽

Human Life ◽

Criminal Code ◽

Psychotropic Substances ◽

Justice Process ◽

Imposition of the death penalty by the judge in the criminal justice process Indonesia still remains a debate among groups that agread with the group that oppose it. But in some laws for special crimes such as terrorism, corruption, narcotics, psychotropic substances, and a human rights capital punishment is still regulated, as well as of the criminal code and the concept of the criminal code by 2015 capital punishment is still based. The existence of the group that did not agree with the conception and application of this dying, argued that human life bussiness, my God, not the man to lift the perspective of the scientific criminal law that a death penalty still exists in all criminal acts by perpetrators of crimes with widespread impact as well as detrimental to the wider community the research for criminal santions was important to examine the existence of the norms of law as a basic for corrector by maximum capital punishment in Indonesia. Penjatuhan pidana mati oleh hakim dalam proses peradilan pidana Indonesia masih tetap menjadi perdebatan antara kelompok yang setuju dengan kelompok yang menentangnya. Namun dalam beberapa undang-undang tindak pidana khusus seperti terorisme, korupsi, narkotika, psikotropika dan peradilan hak asasi manusia pidana mati masih diatur, begitu juga KUHP dan konsep KUHP tahun 2015 pidana mati masih tetap dicanangkan. Adanya kelompok yang tidak setuju dengan konsepsi dan aplikasi pidana mati ini berdalih bahwa nyawa manusia menjadi urusan Tuhan, bukan menjadi kewenangan manusia untuk mencabutnya. Perspektif keilmuan hukum pidana bahwa pidana mati masih eksis untuk diberlakukan sepanjang tindak pidana yang dilakukan pelaku menyangkut kejahatan luar biasa dengan dampak luas serta merugikan masyarakat luas. Penelitian terhadap sanksi pidana mati penting dilakukan guna meneliti keberadaan norma hukum sebagai dasar pembenar dijatuhkannya pidana mati ini di Indonesia.

ANALYSIS OF NOTARY HONORARY COUNCIL CONSENT AS GROUNDS OF IMPUNITY (STRAFUITSLAUTINGSGRONDEN) AGAINST REVELATION OF SECRETS

Yustisia Jurnal Hukum ◽

10.20961/yustisia.v6i3.17012 ◽

2017 ◽

Vol 6 (3) ◽

pp. 570

Author(s):

Gaza Carumna Iskadrenda ◽

Anggita Mustika Dewi

Keyword(s):

Criminal Justice ◽

Criminal Law ◽

Research Result ◽

Secondary Data ◽

Criminal Code ◽

Public Prosecutor ◽

The Public ◽

Positive Law ◽

Justice Process ◽

Article 66 paragraph (1) Act Number 2 of 2014 essentially regulates the consent of the Notary Honorary Council in the criminal justice process. The provisions in the a quo article have been still being applied and become a positive law in Indonesia. One of the criminal justice process in the notarial field relates to the criminal act of revelation of secrets as regulated in Article number 322 paragraph (1) of the Criminal Code. The consent given by the Notary Honorary Council as outlined above can certainly be viewed in the context of criminal law.The research is a normative legal research using secondary data of both primary legal materials and secondary legal materials. The data collecting technique used is documentary study with written materials as the data collection tool to be analyzed qualitatively using content analysis.The research result showed that in the context of criminal law, basically a notary who provides a copy of the deed and/or documents attached to the minuta deed or notarial protocol in the notarial archives for the purpose of the investigator, the public prosecutor or the judge has committed a criminal act of revelation of secrets as stipulated in Article number 322 paragraph (1) of the Criminal Code. However, the notary is not necessarily criminally liable considering the consent of the Notary Honorary Council as the grounds of impunity. Keywords: Notary Honorary Council consent, grounds of impunity, criminal act of revelation of secrets.

Technologies of Crime Prediction: The Reception of Algorithms in Policing and Criminal Courts

Social Problems ◽

10.1093/socpro/spaa004 ◽

2020 ◽

Cited By ~ 7

Author(s):

Sarah Brayne ◽

Angèle Christin

Keyword(s):

Criminal Justice ◽

Law Enforcement ◽

Police Department ◽

Criminal Court ◽

Criminal Courts ◽

Legal Professionals ◽

Predictive Algorithms ◽

Justice Process ◽

The Impact

Abstract The number of predictive technologies used in the U.S. criminal justice system is on the rise. Yet there is little research to date on the reception of algorithms in criminal justice institutions. We draw on ethnographic fieldwork conducted within a large urban police department and a midsized criminal court to assess the impact of predictive technologies at different stages of the criminal justice process. We first show that similar arguments are mobilized to justify the adoption of predictive algorithms in law enforcement and criminal courts. In both cases, algorithms are described as more objective and efficient than humans’ discretionary judgment. We then study how predictive algorithms are used, documenting similar processes of professional resistance among law enforcement and legal professionals. In both cases, resentment toward predictive algorithms is fueled by fears of deskilling and heightened managerial surveillance. Two practical strategies of resistance emerge: foot-dragging and data obfuscation. We conclude by discussing how predictive technologies do not replace, but rather displace discretion to less visible—and therefore less accountable—areas within organizations, a shift which has important implications for inequality and the administration of justice in the age of big data.

DISCRIMINATION AND EQUALITY IN THE CRIMINAL LAW AND THE CRIMINAL JUSTICE PROCESS

Civil Liberties & Human Rights ◽

10.4324/9781843146490-33 ◽

2002 ◽

pp. 1163-1172

Keyword(s):

Criminal Justice ◽

Criminal Law ◽

Justice Process ◽

Criminal Justice as Regulation

New Criminal Law Review An International and Interdisciplinary Journal ◽

10.1525/nclr.2020.23.1.113 ◽

2020 ◽

Vol 23 (1) ◽

pp. 113-138

Author(s):

Malcolm M. Feeley

Keyword(s):

Criminal Justice ◽

Problem Solving ◽

Restorative Justice ◽

Criminal Law ◽

Problem Solving Courts ◽

Recent Developments ◽

Justice Process ◽

Responsive Regulation ◽

The Law

Problem-solving courts and restorative justice programs provide important new alternatives to cope with recurring problems in the criminal justice process. But they are much more. They are harbingers of a new theory of the criminal justice process that challenges traditional accounts in fundamental ways. Although practices akin to problem-solving courts and restorative justice have long operated outside or below the radar of the theory of criminal law and the adjudicative process, over the past few decades these practices have come to the fore and are now supported with full-blown theories, which threaten to displace traditional accounts of criminal responsibility, criminal liability, and indeed the core features of the criminal justice process. The new theories are based on theories of regulation, where the objective is not so much to enforce the law as it is to secure compliance to the law in order to facilitate harm reduction and restore social order. Nowhere is this new development so clearly seen as in the opening chapters of John Braithwaite’s important book, Restorative Justice and Responsive Regulation. In this book, Braithwaite offers a full-throated theory of the new criminal justice process that is based on recent developments in regulatory theory and, most particularly, responsive regulation, which Braithwaite helped to develop. This model is implicit to varying degrees in any number of recent developments in the criminal justice process, and in this paper, I argue it has the potential for displacing the classical theory of criminal law.