Working Cooperatively with Other Criminal Justice Institutions

2019 ◽  
pp. 231-254
Author(s):  
Carolyn Hoyle ◽  
Mai Sato
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Criminal Cases ◽  
Decision Frames ◽  
Court Of Appeal ◽  
Jury Bias

This chapter examines how the Criminal Cases Review Commission works with two members of the criminal justice system in conducting investigations: the police and the Court of Appeal. It analyses a variety of cases, including those rare cases where the Commission uses its powers — under section 19 of the Criminal Appeal Act 1995 — to appoint an investigating officer to carry out enquiries to assist in the exercise of any of its functions. The chapter shows how the Commission deals with the investigating officer in section 19 cases and how it incorporates the results of the investigation into its decision on whether or not to refer a case back to the Court. It also explores the Commission's decision frames when it manages a section 19 investigation and when it works for the Court on section 15 investigations. Finally, it looks at section 15 investigations that involved alleged jury bias or misconduct.

scholarly journals Miscarriages of justice and expert psychiatric evidence: lessons from criminal appeals in England and Wales

2019 ◽  
Vol 25 (4) ◽  
pp. 251-264 ◽  
Author(s):  
Nicholas Hallett ◽  
Nadine Smit ◽  
Keith Rix
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Learning Objectives ◽  
List Type ◽  
Criminal Cases ◽  
England And Wales ◽  
Direct Bearing ◽  
Administration Of Justice ◽  
Court Of Appeal

SUMMARYMiscarriages of justice occur as a result of unsafe convictions and findings and inappropriate sentences. In cases involving expert psychiatric evidence it is possible that the way evidence is presented by experts or interpreted by the courts has a direct bearing on the case. Using illustrative cases from the Criminal Division of the Court of Appeal, advice is offered to expert psychiatric witnesses on ways to reduce the likelihood of contributing to such miscarriages of justice and on how they may assist in rectifying such miscarriages, should they occur.LEARNING OBJECTIVESAfter reading this article you will be able to: •understand the place of criminal appeals in the criminal justice system in England and Wales•understand what may go wrong in the provision of psychiatric evidence and how expert psychiatric evidence can assist in the administration of justice•be able to reduce the risk of unsafe convictions and inappropriate sentences when providing expert psychiatric evidence, including for cases referred to the Court of Appeal and the Criminal Cases Review Commission.DECLARATION OF INTERESTNone.

scholarly journals Penegakan Hukum Pidana Terhadap Anak Yang Terjerat Perkara Pidana Melalui Diversi (Studi Di Polrestabes Medan)

2020 ◽  
Vol 3 (1) ◽  
pp. 78-84
Author(s):  
Akalafikta Jaya ◽  
Triono Eddy ◽  
Alpi Sahari
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Juvenile Justice System ◽  
Criminal Liability ◽  
Criminal Case ◽  
Criminal Cases ◽  
Criminal Convictions ◽  
Criminal Offenses ◽  
The Law

In the past, the punishment of children was the same as the punishment of adults. This causes the psychological condition of children ranging from investigation, investigation and trial to be disturbed because it is often intimidated by law enforcement agencies. Under these conditions, Law No. 11 of 2012 concerning the Juvenile Justice System was born. One of the reforms in the Child Criminal Justice System Law requires the settlement of a child criminal case by diversion. Based on the results of research that the conception of criminal offenses against children in conflict with the law in Indonesia is different from criminal convictions to adults. Children are given the lightest possible punishment and half of the criminal convictions of adult criminal offenses. That criminal liability for children who are ensnared in a criminal case according to the Law on the Criminal Justice System for Children is still carried out but with different legal sanctions from adults. Criminal imprisonment against children is an ultimumremedium effort, meaning that criminal imprisonment against children is the last legal remedy after there are no other legal remedies that benefit the child. That the concept of enforcement of criminal law against children caught in criminal cases through diversion is in fact not all have applied it. Some criminal cases involving children as the culprit, in court proceedings there are still judges who impose prison sentences on children who are dealing with the law.

The readiness of various communities for the implementation of restorative justice in the community setting: A perspective of community organization

2018 ◽  
Vol 63 (3) ◽  
pp. 386-398
Author(s):  
Taufik Mohammad
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Community Organization ◽  
Community Setting ◽  
Offender Rehabilitation ◽  
Community Members ◽  
Criminal Cases

The method of community organization can be used to implement restorative justice within the community. This study aimed at understanding whether members from seven communities in Malaysia would assume responsibility for restorative justice initiatives, accept various elements of restorative justice, and welcome offenders back into the community. The findings are mixed. Some community members believed that the community setting may offer resources for offender rehabilitation that the criminal justice system does not have; others raised concerns over various limitations such that communities may not be equipped to deal with criminal cases.

5. The criminal justice system

2019 ◽  
pp. 91-155
Author(s):  
Martin Partington
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Current System ◽  
Holistic Approach ◽  
Criminal Cases ◽  
System P ◽  
Social Theories ◽  
Sentencing Policy ◽  
Post Trial

This chapter focuses on the criminal justice system. It contains summaries of the different social theories that underpin both the criminal justice system and the fundamental principles relating to sentencing policy. The system is examined in three segments: pre-trial stages, trial stage, and post-trial stages. Each is discussed in turn. This chapter emphasizes the holistic approach by looking not only at what happens in courts, but also the police station and in post-trial contexts such as parole and criminal cases review. The place of the victim in the system is also considered. Particular emphasis is placed on how the current system is changing in the quest for improved efficiency.

Paying the Trial Tax: Race, Guilty Pleas, and Disparity in Prosecution

2019 ◽  
Vol 31 (4) ◽  
pp. 500-531 ◽  
Author(s):  
Alexander Testa ◽  
Brian D. Johnson
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Racial Differences ◽  
Justice System ◽  
Young Male ◽  
Gender Disparities ◽  
Criminal Cases ◽  
Theoretical Perspectives ◽  
Different Types ◽  
Sentencing Policy

The vast majority of criminal cases are disposed of through guilty pleas, yet relatively little empirical research focuses on the factors that are related to whether a defendant pleads guilty or goes to trial. The current work investigates this issue, analyzing three recent years of data from the Maryland Commission on Criminal Sentencing Policy. It examines predictors of guilty plea and trial dispositions as well as key differences among different types of guilty pleas. Findings indicate that Black and Latino defendants are substantially less likely to plead guilty, and that these differences are most pronounced for nonnegotiated guilty pleas. Little evidence emerges for gender disparities or for compound disadvantages associated with young, male, minority defendants. Results are discussed as they relate to contemporary theoretical perspectives on racial differences in perceived legitimacy and trust in the criminal justice system.

On the Parole Board

2017 ◽  
Author(s):  
Frederic G. Reamer
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Rhode Island ◽  
Justice System ◽  
Life Histories ◽  
Criminal Cases ◽  
The Public ◽  
Parole Board ◽  
Realistic Appraisal

Few people experience life inside of prison. Even fewer are charged with the responsibility of deciding whether inmates should be released. In his twenty-four years on the Rhode Island Parole Board, Frederic G. Reamer has judged the fates of thousands of inmates, deciding which are ready to reenter society and which are not. It is a complicated choice that balances injury to victims and their families against an offender’s capacity for transformation. With rich retellings of criminal cases, On the Parole Board is a singular book that explains from an insider’s perspective how a variety of factors play into the board’s decisions: the ongoing effect on victims and their loved ones, the life histories of offenders, the circumstances of the crimes, and the powerful and often extraordinary displays of forgiveness and remorse. Pulling back the curtain on a process largely shrouded in mystery, Reamer lays bare the thorny philosophical issues of crime and justice and their staggering consequences for inmates, victims, and the public at large. Reamer and his colleagues often hope, despite encountering behavior at its worst, that criminals who have made horrible mistakes have the capacity for redemption. Yet that hope must be tempered with a realistic appraisal of risk, given the potentially grave consequences of releasing an inmate who may commit a future crime. This book will appeal to anyone interested in the complexities of the criminal justice system, the need to correct its injustices, and the challenges of those who must decide when justice has been served.

Rights of Child Victims and Child Witnesses in Criminal Justice in Viet Nam

2016 ◽  
Vol 17 (1) ◽  
pp. 88-101
Author(s):  
Thi Nga Le
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Quantitative Methods ◽  
International Standards ◽  
Child Witnesses ◽  
Child Victims ◽  
Viet Nam ◽  
Global Integration ◽  
Criminal Cases

Over the last few years, Viet Nam’s economy has developed quickly and changed social values through global integration. The numbers of children who have been victims and witnesses of crime have increased. From the most common points of entry into a criminal case, there should be a set of regulations governing the rights of child victims and child witnesses in all stages of the criminal process and the child welfare system. The article argues that the rights of children as victims and witnesses in criminal cases in Viet Nam still lack the necessary safeguards and are not compatible with international law. Although the criminal justice system of Viet Nam has been improved to protect children’s rights, there are still many challenges to ensure and protect the rights of children when they participate in the criminal justice system as victims and witnesses. To narrow the gap between the international standards and the national legal system in juvenile criminal justice in Viet Nam, this article examines the problems in criminal justice to protect child victims and child witnesses in Viet Nam. The research is based on international standards of juvenile criminal justice and uses comparative and quantitative methods. It discusses how the national criminal justice system can be reformed to prevent child victims and witnesses from being abused.

scholarly journals The Reformulation of Restitution Concept in Juvenile Cases (A Comparative Study with Philippines and Thailand)

2020 ◽  
Vol 07 (03) ◽  
pp. 400-420
Author(s):  
I Wayan Aryana
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
The Philippines ◽  
Literature Study ◽  
Criminal Cases ◽  
Legal Concept ◽  
The People ◽  
Resolution Model ◽  
System 2

The principles of international law mandate diversion as a model for solving juvenile cases. The diversion model as a resolution model in Indonesia, Philippines, and Thailand is rooted in the traditional culture and local wisdom of the people. Diversion agreement can take form of restitution. This study discusses three issues: (1) diversion in juvenile criminal justice system, (2) restitution in diversion, and (3) comparison of restitution in the Philippines and Thailand. This study employs normative legal approach, which examines the ambiguity of norms of restitution forms. Currently, restitution is interpreted merely as reimbursement for victim. This study collected primary and secondary legal materials collected through literature study. This study employed statutory, legal concept, and comparative law approaches. The focus was on the Philippines and Thailand contexts. The analysis was conducted qualitatively. Diversion is a specialty in the juvenile criminal justice system in which criminal cases committed by children are resolved by deliberation. The result of the diversion agreement can be in the form of restitution as agreed in the deliberation. The Law Number 11 of 2012 on the Juvenile Criminal Justice System recognizes form of restitution. The form is money. It is different from the Philippines and Thailand that formulating a form of restitution in the form of services provided by the perpetrator and/or his family to the victim and/or his family. This form of restitution is based on social realities in which the economic condition of the perpetrator’s family makes it impossible to pay restitution in the form of money. The restitution of work services can be a material for reformulation in the dimension of ius constituendum in Indonesia.

scholarly journals Handling of children by diversion in children protection (Diversion and Restorative Justice)

2021 ◽  
Vol 10 (1) ◽  
pp. e26010111826
Author(s):  
Tito Eliandi ◽  
Teguh Prasetyo ◽  
Otto Yudianto
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Human Life ◽  
The State ◽  
Best Interests ◽  
Community Relations ◽  
Criminal Cases ◽  
State Functions

The best treatment for children who should be lived, with the best interests for the sustainability of human life. In handling criminal cases, the restorative justice approach provides different views and approaches to studying and dealing with a criminal act for the handling of restorative justice, that criminal acts are essentially from the viewpoint of criminal law in general, namely attacks on individuals and society as well as community relations. In restorative justice, it can also be found that the features of the formulation of justice are related to rights, judged by results. This meaning has brought a paradigm shift in understanding the concept of providing justice that is in the criminal justice system, it’s said that because in the concept of the criminal justice system in general, justice is considered to have been achieved, the value of the perpetrator can be sanctioned by the state and the victim doesn’t have a place in the settlement process, meanwhile. In the concept of a framework of restorative justice, perpetrators of criminal acts, victims and the whole community are involved in resolving criminal acts directly and focusing on recovery suffered by victims, while the state functions as a facilitator in the process of resolving criminal acts.

scholarly journals THE ROLES OF INVESTIGATOR IN IMPLEMENTING DIVERSION ON CHILDREN CRIMINAL ACTION

2018 ◽  
Vol 2 (1) ◽  
pp. 41
Author(s):  
Zakki Mubarok ◽  
Achmad Sulchan
Keyword(s):  
Special Education ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Legal System ◽  
Child Protection ◽  
Justice System ◽  
Criminal Cases ◽  
Internal Constraints ◽  
Legal Understanding

Some efforts were made to overcome internal obstacles: improving coordination among investigators, intensive approaches to witnesses, improving socialization of the Criminal Justice System Law and Child Protection Act. While the efforts to overcome the external obstacles: education, rigorous interrogation, improving facilities and infrastructure and bringing together an understanding of the meaning of recidivist. This research is based on the increasingly widespread criminal cases committed by children that occurred in the jurisdiction of Polrestabes Semarang in particular and in various major cities in Indonesia in general. The results of the research indicate that: (1) The role of the investigator in the diversion implementation of child crime cases, namely the internal roles among which are coordinating with the community and with various institutions or related parties, upholding the legal system and criminal justice system in accordance with the mandate of the Act, as well as involving police (Investigator) members in training or special education. (2) The constraints faced by the investigators in the diversion implementation of child crime cases are internal constraints: lack of coordination among investigators, lack of legal understanding of witnesses, lack of socialization of the Criminal Justice System Law and Child Protection Law.

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