Walks of Shame

2021 ◽  
pp. 55-78
Author(s):  
Mary Angela Bock
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Legitimate Authority ◽  
News Organizations ◽  
The Way

This chapter examines the cultural trope of the perp walk and the grounded practices involved with their construction. While perp walks are often presented as spontaneous encounters between journalists and a defendant, they are more often produced; the result of interpersonal and institutional negotiations between news organizations and law enforcement. The images from these orchestrations visually frame individuals as guilty, and those who have experienced the ritual report it to be dehumanizing. This research expands on the concept of embodied gatekeeping by detailing the way grounded practice shapes narratives that support and perpetuate faith in the criminal justice system’s legitimate authority. The role of police and prosecutors in orchestrating perp walks is rarely, if ever, acknowledged or covered in journalism. The production of these cultural tropes signifies an important dimension of the way embodied gatekeeping can link the goals of visual journalists and criminal justice officials.

scholarly journals PERAN HAKIM SECARA FUNGSIONAL BERDASARKAN PASAL 44 KITAB UNDANG-UNDANG HUKUM PIDANA

2020 ◽  
Vol 8 (8) ◽  
pp. 1170
Author(s):  
I Nyoman Kari Widya Widana ◽  
I Dewa Made Suartha
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Research Method ◽  
Scientific Work ◽  
Criminal Code ◽  
Penal Code ◽  
Rule Approach

Studi ini bertujuan untuk menganalisis peran Hakim secara fungsional berdasarkan ketentuan Pasal 44 Kitab Undang-Undang Hukum Pidana (KUHP). Metode penelitian yang digunakan dalam penelitian ini adalah metode penelitian hukum normatif dengan menggunakan pendekatan peraturan perundang-undangan dan kasus. Adapun hasil penelitian menunjukkan bahwa peran hakim secara fungsional dalam menilai dan memutus perkara yang melibatkan orang yang cacat karena penyakit berdasarkan ketentuan Pasal 44 Kitab Undang-Undang Hukum Pidana (KUHP) dalam perkembangan penegakkan hukumnya saat ini telah dikesampingkan. Hal ini disebabkan masih lemahnya atau kurang jelasnya pengaturan Pasal 44 KUHP terkait peran hakim dalam menilai dan memutus perkara yang melibatkan pelaku tindak pidana yang jiwanya cacat dalam pertumbuhan atau karena penyakit, sehingga menimbulkan dualisme pandangan yang berbeda dari setiap sub sistem peradilan pidana (kepolisian, kejaksaan, peradilan). This study aims to analyze the role of Judges functionally based on the provisions of Article 44 of the Criminal Code. The research method used in this study is a normative-law study method using a regulatory and case-rule approach. As for the conclusion of this scientific work, the role of a functional judge and dissolution involving a person who is malformed by article 44 of the criminal code in the current law enforcement development has been ruled out. This is due to the lack of or clarity of the penal code, article 44 of the criminal code relating to the role of judge and cutting a case involving perpetrators whose lives are impaired in growth or because of disease, leading to a different dualismne view from any subsystem of criminal justice (police, prosecutors, justice).

scholarly journals Role of Victim in the Criminal Justice System

2019 ◽  
Vol 3 ◽  
pp. 30-36
Author(s):  
MEERA MATHEW
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Justice System ◽  
Justice System ◽  
Crime Victims ◽  
Law Enforcement Agencies ◽  
Different Types ◽  
Victims Of Crime ◽  
The Impact

The victims of crime are those who have formerly endured injury or are possibly suffering as an outcome of crimes having been committed. The direct family or dependants of the direct victims, who are harmfully affected, are also included within the meaning of the term “Victims”. The predicament of the victims does not finish with the crime but it persists. It may even increase, following the crimes; since they have to face the rigors of the actuality, such as deficient support system, dearth of social backing, and sense of anxiety. They also experience the intricacy of police inquiry, magisterial investigation and criminal trial. The impact of victimization on different kinds of victims due to different types of crimes has been varied such as physical, psychological and financial. Through this paper writer has endeavored to check the situation of victims of crime in India and the criminal justice system. It is apparent that the desolation of the victims have not been effectively addressed or even gone out of contemplation. Victims are disregarded, may, forgotten. The paper also stresses the need to provide support to crime victims. The author of the present paper has also recommended some of the imperative steps that are to be implemented by the law enforcement agencies in India to improve the position of victims in the criminal justice system.

The State at the Margins

In Harm's Way ◽  
2016 ◽  
Author(s):  
Javier Auyero ◽  
María Fernanda Berti
Keyword(s):  
Law Enforcement ◽  
The State ◽  
Police Brutality ◽  
Daily Lives ◽  
Local Police ◽  
People’S Daily ◽  
People's Daily ◽  
The Relationship ◽  
The Way

This chapter examines the relationship between the state's presence at the urban margins and the depacification of poor people's daily lives in Arquitecto Tucci, focusing in particular on the role of the local police in the neighborhood and the way it partakes in the crime it is supposed to be controlling. It first considers the ways in which the local police see the area and its residents, showing that police agents understand the origins and character of violence as “cultural.” It then presents a series of vignettes to depict the particular presence of the repressive arm of the state in Arquitecto Tucci before discussing police brutality and the highly selective nature of law enforcement when it comes to incarceration of offenders. It argues that law enforcement in Arquitecto Tucci is intermittent, selective, and contradictory.

scholarly journals Peran Advokat Sebagai Penegak Hukum Dalam Mendukung Terwujudnya Sistem Peradilan Pidana Terpadu Dalam Penegakan Hukum Pidana Di Indonesia

2018 ◽  
Vol 1 (1) ◽  
Author(s):  
Setyo Langgeng
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Justice System ◽  
Justice System ◽  
Criminal Procedure ◽  
Legal Assistance ◽  
Literature Study ◽  
Real Place ◽  
Procedure Code

AbstrakKeberadaan Advokat sebagai penegak hukum telah diatur didalam Pasal 5 Undang-undang Republik Indonesia Nomor 18 Tahun 2003 tentang Advokat. Namun, mengenai bagaimana bentuk dan tempat nyata peran Advokat sebagai penegak hukum masih samar, khususnya dalam perannya sebagai komponen pendukung terwujudnya sistem peradilan pidana terpadu, akibatnya penegakan hukum pidana di Indonesia belum optimal. Penelitian ini menggunakan metode penelitian hukum normatif atau studi kepustakaan, yaitu dengan menganalisa UU.RI. No. 18 tahun 2003 tentang Advokat dan UU.RI No. 8 tahun 1981 tentang Hukum Acara Pidana (KUHAP), serta peraturan perundang-undangan lainya dan bahan pustaka yang terkait dengan peran Advokat guna menjawab permasalahan. Hasil penelitian menunjukan bahwa dari segi bentuk dan tempatnya, terdapat 2 (dua) peran Advokat sebagai penegak hukum, yaitu (1) Peran Advokat dalam bentuk pendampingan hukum terhadap pelaku berdasar Pasal 54 KUHAP, (2) Peran Advokat dalam bentuk pendampingan hukum terhadap korban yang diatur diluar KUHAP. Diharapkan sebagai bahan masukan bagi penegak hukum dalam penegakan hukum dan keadilan di Idonesia.Kata kunci : Advokat, Penegak Hukum, Sistem Peradilan Pidana Terpadu�AbsractThe existence of Advocates as law enforcement has been regulated in Article 5 of Law of the Republic of Indonesia Number 18 Year 2003 regarding Advocate. However, regarding how the form and the real place of the Advocate role as law enforcement is still vague, especially in its role as a supporting component of the establishment of integrated criminal justice system, consequently the enforcement of criminal law in Indonesia is not optimal yet. This research uses normative legal research method or literature study, that is by analyzing UU.RI. No. Law No. 18 of 2003 on Advocates and Law no. 8 of 1981 on Criminal Procedure Code (KUHAP), as well as other legislation and library materials related to the role of Advocates in order to answer the problem. The result of research shows that in terms of form and place, there are 2 (two) Advocates role as law enforcers, namely (1) Role of Advocate in the form of legal assistance to the perpetrator based on Article 54 KUHAP, (2) Role of Advocate in the form of legal assistance to the victims is regulated outside the Criminal Procedure Code. It is expected to be an input for law enforcement in law enforcement and justice in Indonesia.Keywords : Advocate, Law Enforcement, Integrated Criminal Justice System

scholarly journals Analysing the Future of International Criminal Justice in Africa: A Focus on the ICC

2016 ◽  
Vol 1 (1) ◽  
pp. 99-122
Author(s):  
Emily Ngolo
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
International Criminal Justice ◽  
African Union ◽  
The Future ◽  
Enforcement Mechanisms

The International Criminal Court has generally a bad reputation in the African continent as a whole with hostile assertions by the African Union, that the court is nothing but a political tool for the powerful. The Court, plagued with numerous difficulties, has come under pressure to perform, with some doubting its viability. Created by the Rome Statute, and the parties therein governed by general treaty law, enforcement mechanisms of the court have been unsatisfactory at best and this has led to questions being asked as to its survival. There exists a pool of divergent views, in regard to the African Union and the International Criminal Court, in many of the crucial areas of international criminal justice. This paper seeks to find out just how true is the claim that the ICC is ‘dead’ is, and the implications of this in the future of the continent as regards international criminal justice. How important is it for us to preserve international criminal justice? Just how much of a role do states play in this revered area of law? Is its legal viability coming to an unfortunate premature end? What does this mean, then, for the victims of mass atrocities? This paper seeks to show an interplay of the role of states and politics in international criminal justice, and determine then, whether there exists any bright future for this area of law in Africa.

Violence against Women and Law Enforcement in Africa

2020 ◽  
pp. 17-40
Author(s):  
Peace A. Medie
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Violence Against Women ◽  
Gender Norms ◽  
Secondary Sources ◽  
The Creation ◽  
International Instruments

Chapter 1 builds on several themes in the Introduction by providing an overview of violence against women in Africa and a background on the creation of specialized criminal justice sector mechanisms. It identifies commonalities in the types of violence experienced in most countries and in the causes of this violence, as well as in what states have done in response. It highlights the role of patriarchal gender norms in causing this violence and in shaping the criminal justice sector’s response. The chapter also identifies the international women’s justice norm and shows how it has constituted and has been constituted by various international instruments. It discusses the emergence of specialized criminal justice mechanisms and draws on secondary sources to develop a typology of these mechanisms and to document their spread across the continent.

The International Criminal Court and the External Non-Witness Expert(s), Problematic Concerns: An Exploratory Endeavour

2010 ◽  
Vol 10 (3) ◽  
pp. 345-364
Author(s):  
Angela Overton ◽  
Dawn Rothe
Keyword(s):  
Criminal Justice ◽  
International Criminal Court ◽  
Due Process ◽  
International Criminal ◽  
Criminal Court ◽  
Judicial Process ◽  
Procedural Concerns ◽  
The Impact ◽  
The Way

AbstractThe role of the expert in criminal justice proceedings has long been an area of contention and debate among practitioners and scholars. Yet, there has been little to no discussion of the role of experts within the International Criminal Court (ICC). Here a bifurcation is drawn between those experts that are witnesses and the non-witness experts that are 'hidden' from the official processes, yet play a role in the investigations and analysis of cases. The focus of this piece is on the Office of the Prosecutor's (OTP) (hired) external non-witness experts. To date, there has been little to no criminological attention to this phenomenon. Yet there are organic concerns such as the process of knowledge-making, objectivity, 'truth' and substantive and procedural concerns that merit attention given that they are contracted to provide expertise in a particular area to help inform the way in which evidence is analyzed with the broader goal of 'proving' something important in a trial. Additionally, there is institutional equality of arms concerns related to the use of these non-disclosed experts that directly relates to due process. The use of non-witness experts is further complicated by the multiplicity of and/or relevance of fields from which they are drawn. It is the goal of this paper to explore these issues and provide a frame for theoretically situating the impact of non-witness external experts on the judicial process within the context of the ICC.

The Role of the Police in Evacuations

2012 ◽  
Vol 15 (2) ◽  
pp. 137-156 ◽  
Author(s):  
Luke Bonkiewicz ◽  
R. Barry Ruback
Keyword(s):  
Social Networks ◽  
Risk Perception ◽  
Criminal Justice ◽  
Law Enforcement ◽  
Emergency Response ◽  
Psychological Factors ◽  
Stressful Events ◽  
Social Psychological ◽  
The Relationship

Disaster evacuations are stressful events in which citizens and law enforcement frequently interact with each other. Most emergency response plans are based on military strategies that operate independent of the general public, but we argue that the police must be cognizant of several social psychological factors that affect citizens’ behavior during evacuations, including risk perception, social networks, and access to resources. Drawing from social psychological, criminal justice, and disaster research, we propose a model that (a) describes how citizens’ priorities and behaviors change as a disaster evolves and (b) identifies policing strategies that accommodate these changing behaviors and facilitate a successful evacuation. Our model, embedded in how people behave and what police are taught, can increase citizen compliance with law enforcement during disaster evacuations, remove more citizens from harm, save lives, and improve the relationship between communities and the police.

Conceptualizing the Victim within Criminal Justice Processes in Common Law Tradition

2019 ◽  
pp. 245-266
Author(s):  
Marie Manikis
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Public Interest ◽  
Common Law ◽  
Theoretical Framework ◽  
The Public ◽  
Victim Participation ◽  
The Relationship

This chapter considers the various philosophical underpinnings of victim involvement in the criminal justice processes of common law jurisdictions. It first examines the role of the victim in criminal justice processes, focusing on an individualized and private conception of the victim instead of the public interest and public harm as defined by these actors rather than themselves, as well as conceiving the victim as part of the public interest. It then discusses various types of victim participation in criminal justice processes before proceeding with an analysis of the relationship between victims and the actors of criminal justice processes, namely, law enforcement (police and prosecutors) and defendants. The article also proposes a theoretical framework that enables a pluralistic view of victim participation and concludes by highlighting how the foundation and conception of victim involvement can affect the relationship among victims, prosecutors, and the defendant.

What Picture Would They Use?

2021 ◽  
pp. 99-123
Author(s):  
Mary Angela Bock
Keyword(s):  
Social Media ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Digital Culture ◽  
Stanford University ◽  
News Organizations ◽  
Crime News ◽  
Twitter Users ◽  
The Impact

This chapter studies the impact of digital culture on a long-standing crime news staple, the mug shot. First, it historicizes the way mug shots have traditionally served the interests of news organizations and the criminal justice system. Then, based on two highly publicized cases, the chapter situates mug shots in a model of decontextualization and recontextualization that accounts for traditional and social media. Former Texas governor Rick Perry’s mug shot was recontextualized by traditional journalists and social media users, and grounded research suggests that he was able to exert embodied gatekeeping to control the narrative about his case. Former Stanford University swimmer Brock Turner was subjected to the anger of many Twitter users, who used his digital mug shot to create counternarratives to criminalize him visually. The two cases illustrate the affordance of images to narrative, the role of power in message construction, and the impact of digitization on a model for recontextualization.

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