From Problems of Living to Problems of Law: The Legal Translation and Documentation of Immigrant Abuse and Helpfulness

2014 ◽  
Vol 39 (03) ◽  
pp. 643-665 ◽  
Author(s):  
Sarah Morando Lakhani

To apply for U Visa status, a temporary legal standing available to undocumented crime victims who assist law enforcement in investigations, immigrants must obtain validation of their experiences from police via a signed “certification” paper. This article investigates the challenges lawyers and immigrant crime victims face in translating and documenting victims' experiences into legal form. By analyzing interactions between Los Angeles attorneys and female undocumented immigrants, I explore how immigrant victims of violence prepare to approach police certifiers. Attorneys arbitrate between accounts of violence and immigrant‐police encounters and the legal cases they can develop, offering retrospective and prospective advice to immigrants about how to make effective pleas to police. Drawing attention to the devolutionary dynamics of an inclusive immigration policy, I show how nonfederal bureaucrats shape immigrants' eligibility for legalization remedies. In turn, I expose detrimental consequences of mixing street‐level administrative discretion with federal visa eligibility determinations.

2021 ◽  
Vol 96 ◽  
pp. 33-46
Author(s):  
Rafał Mańko

The scholarly analysis and critique of law always take place under circumstances of scarcity of academic resources. At any given moment, the number of academic jurists mastering a given legal system and being capable of analysing and critiquing it at a professional scientific level is limited. The pandemic of COVID-19 only exacerbated this phenomenon, exposing the importance of making methodological and paradigmatic choices. What critical legal theory teaches us is that the choice of method and approach to the analysis and critique of legal materials is not politically neutral. Asking about the political goals and choices behind solutions adopted by legislators, ministers, civil servants, law enforcement officers, and judges, and about the actual interests impacted by their decisions is much more important and topical in these difficult times. A sociologically oriented critical legal theory can provide the necessary tools for such an analysis of the corpus iuris pandemici.


2021 ◽  
pp. 27-82
Author(s):  
Noah Tsika

This chapter considers the growing sophistication of collaborations between Hollywood and particular police forces during cinema’s first decades, showing how the locations of the emerging film industry—municipalities like New York, Chicago, and Los Angeles—decisively shaped that industry’s relationship to law enforcement. Representing a deliberate departure from the one- and two-reel films that had lampooned the police through slapstick and other farcical gestures, certain feature films also augured industrial trends that would run far deeper than onscreen depictions, involving law enforcement officials as more than just objects of narrative fascination. The national promotion of such films illustrates more than just the emergence of standardized, studio-dictated distribution and exhibition policies. It also indicates the coalescence of a national model of law enforcement that, like the strategies of circulation and ballyhoo determined at a studio’s corporate headquarters, experienced at least some degree of alteration at the local level, where municipal police departments, neighborhood cinemas, and other small businesses shaped, in idiosyncratic and often unpredictable ways, both professional methods and popular reception practices.


2015 ◽  
Vol 3 (6) ◽  
pp. 0-0
Author(s):  
Людмила Терещенко ◽  
Lyudmila Tyeryeyenko ◽  
Артем Цирин ◽  
Artem Tsirin

The article is devoted to the concept of information sufficiency as the basis for carrying out inspections on compliance with the established anticorruption requirements. The authors note that the legislator, establishing the information sufficiency requirement, doesn’t envisage other requirements to it, in particular, its completeness and reliability. The authors believe that such approach allows ensuring observance of interests of both the person being verified and the society in general. The requirement of information sufficiency allows excluding unreasonable ungrounded inspections. On the other hand, completeness and reliability at the stage preceding control measures cannot be ensured. Only control measures and their results are able to determine the reliability (or unreliability) of the available information, which will be reflected in the inspection results. In their article the authors criticize the practice of using in the current legislation of categories with the uncertain contents that permit a law enforcement official to vary his administrative discretion; also the authors offer suggestions for improvement of the existing regulations.


1953 ◽  
Vol 6 (1) ◽  
pp. 208
Author(s):  
George Andrew Hopper ◽  
Robert F. Wilcox ◽  
James Trump ◽  
James R. Donoghue ◽  
Morton Kroll
Keyword(s):  

2006 ◽  
Vol 21 (3) ◽  
pp. 323-337 ◽  
Author(s):  
Edward Dunbar

This study examined the impact of hate crimes upon gay and lesbian victims, reviewing 1,538 hate crimes committed in Los Angeles County. Differences between sexual orientation and other hate crime categories were considered for offense severity, reportage to law enforcement, and victim impact. The type of offense varied between crimes classified for sexual orientation (n = 551) and other bias-motivated crimes (n = 987). Assault, sexual assault, sexual harassment, and stalking were predictive of sexual orientation hate crimes. Sexual orientation bias crimes evidenced greater severity of violence to the person and impact upon victim level of functioning. More violent forms of aggression were predictive of gay and lesbian victim’s underreportage to law enforcement. For sexual orientation offenses, victim gender and race/ethnicity differences were predictive of the base rates of crime reportage as well. These findings are considered in terms of a group-risk hypothesis, encountered by multiple outgroup persons, that influences help-seeking behavior and ingroup identity.


2015 ◽  
Vol 23 ◽  
Author(s):  
Mohammad Abu Taher ◽  
Siti Zaharah Jamaluddin

Laws are made for implementation. Needless to say, the effective enforcement of laws depends on proper functioning of the law enforcement agencies. Both the Governments of Bangladesh and India have enacted a number of legislations relating to the issue of dowry. Payment of dowry is a social custom still prevalent in both countries where women have become victims of violence every year. Thus, it is the law enforcement agencies that can prevent the women from the menace of dowry-related crimes through the proper application of existing criminal law. In this context, the role of the law enforcement agencies concerning crimes of dowry is crucial. Enforcement of law is a continuous process from the time an offence is reported till the offender is prosecuted and punished. This is a long process involving various stages such as, investigation, prosecution, trial and judicial decision. In this long procedure numerous agencies e.g., the police, the judiciary and the lawyers play their roles. The article looks at the position in Bangladesh and India because unlike India, where there exists the dowry prohibition Officer who deals with dowry demands, Bangladesh lacks a similar enforcement mechanism. Thus, the objective of this article is to examine the position in both countries where the role and functions of the law and law enforcement agencies are made. The article is developed based on the analysis of secondary sources and the decisions of the judiciary of Bangladesh and India concerning dowry-related crimes.


2018 ◽  
Vol 1 (1) ◽  
pp. 199-202
Author(s):  
Rosmalinda Rosmalinda ◽  
Arif Arif ◽  
Ainul Mardiyah

Setiap orang adalah sama didepan hukum tak terkecuali penyandang disabilitas. Penelitian berjudul ―Model Pendampingan Hukum Bagi Difabel (Orang Yang Berkebutuhan Khusus) Yang Berhadapan Dengan Hukum Di Kota Medan dan Binjai didukung oleh DIKTI dalam Skim Penelitian Hibah bersaing. Peneliti berharap diakhir penelitian akan diperoleh informasi; Pertama, situasi penyandang Disabilitas mengakses layanan hukum yang tersedia di masyarakat. Kedua, persfektif Organisasi atau Lembaga penyedia layanan bantuan hukum bagi Penyandang Disabilitas. Untuk memperoleh tujuan yang diharapkan penelitian dilakukan menggunakan metode normatif empiris. Peneliti melakukan pengumpulan peraturan hukum dan menganalisanya dilanjutkan dengan pengumpulan data lapangan melalui Wawancara mendalam dengan beberapa informan di Kota Medan dan Binjai. Beberapa temuan awal penelitian memperlihatkan bahwa Kota Medan dan Binjai memiliki kasus pidana yang melibatkan penyandang disabilitas baik sebagai Pelaku, Korban dan Saksi. Tindak Pidana yang melibatkan penyadang disabilitas ini adalah Kekerasan seksual meliputi pelecehan seksual, perkosaan dan incest. Temuan lain penelitian adalah adanya kendala bagi Aparat Penegak Hukum dalam penanganan kasus yang melibatkan Penyandang Disabilitas ini. Penelitian ini menyimpulkan bahwa dalam penanganan kasus hukum yang melibatkan penyandang disabilitas memiliki tantangan khusus terkait keterbatasan penyandan disabilitas. Tantangan tidak hanya dihadapi oleh penyandang disabilitas dan keluarga tetapi juga Aparat Penegak Hukum (APH).   Everyone is equal before the law, including people with disabilities. The study entitled ―The Legal Assistance Model For Disabled (People Who Have Special Needs) Dealing with Law in Medan and Binjai Cities was supported by DIKTI in Competitive Research Schemes. The researcher expected that information would be obtained at the end of the study; First, the situation of persons with disabilities accessing legal services available in the community. Second, the perspective of Legal Aid Services organizations or institutions for persons with disabilities. To obtain the expected goals, the study was conducted using empirical normative methods. The researcher collected and analyzed legal regulations, followed by data collection through in-depth interviews with several informants in the cities of Medan and Binjai. Some preliminary findings of the study showed that Medan and Binjai had criminal cases involving persons with disabilities as Actors, Victims, and Witnesses. The criminal offenses involving persons with disabilities were sexual violence including sexual harassment, rape, and incest. Another finding of the research shows that there were obstacles for Law Enforcement Officials in handling cases involving this Dissability. This study concluded that there were special challenges related to the limitations of disability genders in handling legal cases involving persons with disabilities. The challenges were faced not only by persons with disabilities and families, but also by Law Enforcement Officials (APH).


2019 ◽  
Vol 1 (1) ◽  
pp. 17
Author(s):  
Aditya Yuli Sulistyawan

<p class="IABSSS">The dominance of legal positivism in thought and law enforcement is a reality. Saintism of legal science presents a law that is conceptualized as something that exists in sensory terms, along with its straightforward, rational, and objective nature. Law is always requested objectively. Objectivity is done by freeing the subject's mind to the legal reality that already exists as an object. Therefore, various legal cases such as the case of Asyani, Rasminah, Minah and others, are things that are easily proven as violating the law because it is a violation of the text of the article of law. Such a way of law, is now starting to become a public concern. So, when objectivity begins to be questioned, that's when the real subjectivity of asking begins to be considered - and this will be explained [only] in the study of legal philosophy, especially paradigmatic studies. This paper will discuss the possibility of subjectivity in law, which will be presented in the paradigmatic study.</p>


Author(s):  
Tariq Khairallah

Digital Evidence is considered as an important type of evidence in many legal cases. Many legislations have dedicated laws to the collection, handling and admissibility of digital evidence. New technologies and new devices are rapidly being developed, which creates new sources of digital evidence. This presents a challenge to law enforcement agencies and digital investigators to stay up to date with the rapid development in the digital field. This paper discusses a relatively new source of digital evidence which is the evidence extracted from Wearable devices. A Fitbit fitness tracker is one of the most common wearable devices used by many people today. This paper presents a case study whereby data extracted from a Fitbit was used as a digital evidence. The admissibility and the challenges of using Wearables as digital evidence is also discussed.


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