Under Pressure

Author(s):  
Poulami Roychowdhury

Chapter 6 takes the reader into the halls of the Indian criminal justice system and into the lives of the police, protection officers, and court personnel who staff its offices. Law enforcement personnel faced administrative constraints on their abilities to process cases and mounting organized pressure around domestic violence allegations. These conditions undermined their ability to exercise discretion, making it difficult for them to reject women they did not like and pick “good” victims they wished to protect. And it bred a sense of victimization, the notion that they were too overburdened and besieged to do their jobs. The main outcome was thus twofold: law enforcement feared alienating organized women and articulated a discourse of disempowerment that rationalized poor performance.

1973 ◽  
Vol 19 (2) ◽  
pp. 187-199 ◽  
Author(s):  
Morris Cobern

Manpower planning and the application of manpower econom ics seem likely to become important in the management of law enforcement and criminal justice activities in the future. The major portion of expenditures to operate police departments and criminal justice facilities is now spent for salaries and other costs directly associated with employment. Because the financial re sources of local and state governments are limited, greater in terest is being shown in a more rational use of manpower re sources to reduce the costs of police protection while improving its efficiency. Any imbalance in the criminal justice system is self- defeating. If a disproportionate amount of the total resources available is allotted to police activities at the expense of other parts of the system, bottlenecks are created in the courts, and cor rectional institutions are hindered in the performance of their functions.


2016 ◽  
Vol 13 (2) ◽  
pp. 160-181 ◽  
Author(s):  
Adam J. Pritchard ◽  
Amy Reckdenwald ◽  
Chelsea Nordham ◽  
Jessie Holton

Efforts to partner researchers and practitioners have the potential to significantly improve both research and response to non-fatal strangulation within the context of domestic violence. Non-fatal strangulation is far more common than most formal data suggest and is a highly gendered form of domestic assault often used to control or intimidate a partner; however, depending on how the assault takes place, it can leave little obvious physical evidence to an untrained investigator. The present study estimates the occurrence of strangulation cases and possible strangulation cases that may not be explicitly classified as such in official police reports due to inadequacies in law enforcement training. We offer a description of these types of cases as they compare with domestic violence police reports from non-strangulation cases. Results highlight the gendered nature of strangulation as well as the importance of practitioners and researchers critically reflecting on issues within the criminal justice system in an effort to redress inadequacies, hold offenders accountable, and save lives.


2015 ◽  
Vol 1 (1) ◽  
pp. 13-21
Author(s):  
Harini Kav

This paper looks at the criminal case of Deborah Peagler and the California habeas law and explores the effectiveness of legislative changes to domestic battery laws as a mechanism for change in the criminal justice system in regards to its treatment of domestic violence survivors accused of committing a crime against their abuser. It focuses on the androcentric and racialized nature of the criminal justice system and argues that while legislative changes brought about by social movements facilitate opportunities for women like Peagler to pursue just outcomes, they do not counter the gender biases prevalent in the justice system and, alone, are insufficient in improving the treatment of domestic violence survivors in the criminal justice system.


2009 ◽  
Vol 39 (4) ◽  
pp. 418
Author(s):  
Eva Achjani Zulfa

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


2009 ◽  
Vol 39 (2) ◽  
pp. 238
Author(s):  
Rena Yulia

AbstractThe victim of domestic violence had needed of protection concept thatdifferent with another victim of violent crime. Participation of victim haswant to give justice for all. It is, because punishment to offender brings theimpact for victim. Restorative justice is a concept in criminal justice systemwhich is participation victim with it. The present of criminal justice system isthe offender oriented. Victim has not position to considerate offenderpunishment. Only offender can get the right and the victim hopeless. In thedomestic violence, victim and offender have relationship. Because there area family. · So, probability they have some interest in economic and relation.When wife become a victim and husband as offender, his wife hasdependency economic from her husband. It means, if husband get a decisionfrom judge, his wife will be suffer. Domestic violence is different crime. So, itis necessQ/y to made some different concept. In this article, will discussedabout alternative of legal protection for victim of domestic violence incriminal justice system to protect the victim


Author(s):  
I Dewa Gede Dana Sugama

This study discusses about Inadequacy Corruption Eradication Commission In Issuing Warrant Termination of Investigation In Corruption Case. The Commission is authorized to issue a warrant termination of the investigation and to determine the actions taken when the Commission which investigated corruption Commission was not enough evidence. The conclusion of this study is, first Corruption Eradication Commission is authorized to issue an Order for Termination of Investigation in accordance with Article 40 of Law No. 30 Year 2002 about Corruption Eradication Commission, consideration of the logic of juridical is that the Commission is not a core law enforcement within the criminal justice system and just as independent institutions that can be dismissed if there is no corruption in our country. The arrangement of Article 40 of Law No. 30 of 2002 is prudential or attitude of prudence principle for the Commission to work accurately, efficiently and professionally


2019 ◽  
pp. 174889581988094
Author(s):  
Paul McGorrery ◽  
Marilyn McMahon

The offence of controlling or coercive behaviour came into effect in England and Wales in December 2015, and related offences have since been enacted in Scotland and Ireland. To date, there has been almost no empirical evaluation of the operationalisation of the new English and Welsh offence. This article fills that gap by analysing media reports relating to 107 individuals convicted of controlling or coercive behaviour, providing a profile of offenders and victims (gender and age), the types of abusive behaviours offenders engaged in and how the cases progressed through the criminal justice system (manner of conviction, sentencing outcomes). Media reporting of these cases is also discussed. The results suggest that the offence is (appropriately) operationalised in a highly gendered manner, that it has captured a diverse range of behaviours that would not previously have been considered criminal, and that media reports of this form of domestic violence have not demonstrated the negativity towards victims identified in previous studies. Further research of primary data is required to confirm these findings.


2014 ◽  
Vol 2 (1) ◽  
pp. 165
Author(s):  
Deassy J. A. Hehanussa ◽  
Koesno Adi ◽  
Masruchin Ruba’i ◽  
Pridja Djatmika

Law enforcement implementation of fisheries criminal act especially for investigation based on Article 73 (1) of Law No. 45 of 2009 is executed by Fishery Civil Servant Investigator (PPNS), Investigator of Indonesian Navy officer and/or Investigator of Indonesian National Police. This investigation authority is called as attribution authority meaning that the authority is granted by the order of law. This regulation grants the same authority to these three institutions to investigate and submit their investigation report to public prosecutor without any cohesive system in its implementation. If it is linked to Law No. 8 of 1981 as an illustration of criminal justice system of Indonesia which is referred as the basis of common and specific criminal law enforcement, it emerges juridical weakness as a consequence of regulation inconsistency including conflict of norm between Criminal Procedure Code (KUHAP) and Fisheries Act. This inconsistency emerges conflict of authority among those investigators and emerges law indeterminacy. Hence, reformulate investigation authority of fisheries criminal act needs to be conducted along with paying attention on waters territory of Indonesia upon Law No. 6 of 1996 about Waters Territory of Indonesia despite law enforcement mechanism which had to be enforced corporately. This study result concludes that inconsistency of investigation authority formulation in fisheries criminal act in criminal justice system not only emerges fuzziness of norm but also conflict of norm between Law No. 8 of 1981 about Criminal Procedure Code and Law No. 45 of 2009. This emerges because there is an overlapping of investigation authority among 3 institutions, i.e., Fishery Civil Servant, Indonesian Navy and the Police. Formation team of Indonesian Maritime Security Coordinating Board (Bakorkamla) only has an authority as coordinating function. Hence, to maximize the law enforcement in the ocean, function of Indonesian Maritime Security Coordinating Board should be improved as a coordinator of law enforcement in ocean territory of Indonesia.


2018 ◽  
Vol 30 (8) ◽  
pp. 1229-1249
Author(s):  
Jennifer Gatewood Owens ◽  
Michelle Smirnova

Given the rapid increase in prescription (Rx) drug misuse, overdose, and drug-related arrests, the purpose of this study is to identify strategies to combat Rx misuse from the perspective of former Rx drug misusers who are presently incarcerated. Using semi-structured interviews, we elicited such recommendations from 33 incarcerated women in the Midwest with histories of Rx drug misuse. The policy recommendations put forth by the women tended to be proactive rather than reactive and focused upon more vigilant surveillance and prevention efforts by medical professionals. While there was little mention of the criminal justice system or incarceration, women did also advocate for better treatment and rehabilitation options. Users affected by Rx misuse suggested more proactive approaches in dealing with Rx misuse that would ultimately shift drug control responsibilities from law enforcement to doctors.


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