Criminal Justice under Shari'ah in the 21st Century—An Inter-Cultural View

2009 ◽  
Vol 23 (4) ◽  
pp. 417-436 ◽  
Author(s):  
Mohammad Hedayati-Kakhki ◽  
Michael Bohlander
Keyword(s):  
Decision Making ◽  
Criminal Justice ◽  
21St Century ◽  
Criminal Law ◽  
Modern Society ◽  
Legal Issues ◽  
Decision Making Process ◽  
Legal Systems ◽  
The Creation ◽  
The Law

AbstractThis paper tries to analyse some of the basic issues arising in the conversation between legal systems based on Shari'ah and those based on secular traditions, as well as the efforts of the law-makers in the former to adapt to changed expectations in modern society. The argument focuses on the area of criminal law and highlights concepts such as hudud crimes, apostasy and al-diyah. The authors advocate an increased dialogue and ultimately the creation of a Centre of Global Ijmā' as a forum in which Islamic and other legal scholars could meet to discuss their respective approaches to legal issues of global interest in order to avoid unnecessary ideological clashes and to provide a base for global policymakers to draw upon in their decision-making process.

Flaws and Advantages of the Polish Local Self-Government in the 21st Century: Social Consultations at the Local Level

2021 ◽  
Vol 19 (1) ◽  
pp. 19-37
Author(s):  
Edyta Sokalska
Keyword(s):  
Decision Making ◽  
21St Century ◽  
Local Level ◽  
Political Regime ◽  
Decision Making Process ◽  
Local Authorities ◽  
Exchange Of Information ◽  
Local Problems ◽  
The Creation ◽  
Administrative Units

The purpose of the article is to present the Polish empire concerning the creation and development of local self-government in the post-communist political regime, and the development of some modern forms of social consultations, particularly at the local level. In many administrative units, it might be observed that the bonds between local societies and local authorities have been strengthened during the last years. Polish local self-governmental bodies develop some new forms and tools of communication. They provide municipalities with the freedom of participation in a decision-making process, and they give the opportunity to faster exchange of information and answers to the local problems.

Towards an Integrated European Criminal Law

2005 ◽  
Vol 7 ◽  
pp. 17-31
Author(s):  
Mireille Delmas-Marty
Keyword(s):  
Criminal Justice ◽  
Internal Consistency ◽  
Criminal Law ◽  
Transnational Crime ◽  
Fundamental Rights ◽  
Criminal Justice Policy ◽  
Legal Systems ◽  
The Creation ◽  
European Criminal Law ◽  
Legal Integration

The creation of an economically integrated Europe, based on free circulation across open borders, has probably facilitated an increase in transnational crime. One response to this phenomenon has been to try to create an integrated European criminal law. But legal integration will not magically solve all the problems related to transnational crime. Indeed, it may create problems of its own. By favouring efficiency (that is, repression) over legitimacy (the protection of fundamental rights), it favours a criminal justice policy oriented towards ‘security’. By imposing the same rules throughout Europe, it disturbs the internal consistency of national legal systems. Nevertheless, the phenomenon of legal integration, facilitated by new legal instruments such as framework decisions, continues to develop. We might therefore ask ourselves, as an introduction, why this is so.

Towards an Integrated European Criminal Law

2005 ◽  
Vol 7 ◽  
pp. 17-31
Author(s):  
Mireille Delmas-Marty
Keyword(s):  
Criminal Justice ◽  
Internal Consistency ◽  
Criminal Law ◽  
Transnational Crime ◽  
Fundamental Rights ◽  
Criminal Justice Policy ◽  
Legal Systems ◽  
The Creation ◽  
European Criminal Law ◽  
Legal Integration

The creation of an economically integrated Europe, based on free circulation across open borders, has probably facilitated an increase in transnational crime. One response to this phenomenon has been to try to create an integrated European criminal law. But legal integration will not magically solve all the problems related to transnational crime. Indeed, it may create problems of its own. By favouring efficiency (that is, repression) over legitimacy (the protection of fundamental rights), it favours a criminal justice policy oriented towards ‘security’. By imposing the same rules throughout Europe, it disturbs the internal consistency of national legal systems. Nevertheless, the phenomenon of legal integration, facilitated by new legal instruments such as framework decisions, continues to develop. We might therefore ask ourselves, as an introduction, why this is so.

An Undergraduate Course in Psychology and the Law

1987 ◽  
Vol 14 (4) ◽  
pp. 238-239 ◽  
Author(s):  
Edith Greene ◽  
Edith Greene
Keyword(s):  
Decision Making ◽  
Dispute Resolution ◽  
Criminal Law ◽  
Alternative Dispute Resolution ◽  
Civil Law ◽  
Plea Bargaining ◽  
Jury Decision Making ◽  
Teaching Aids ◽  
The Law ◽  
Jury Decision

This article describes a course that bridged the disciplines of clinical and experimental psychology and the law. The course included discussion of issues in criminal law, such as the psychology of policing, the reliability of confessions, victimization, plea bargaining, jury decision making, and alternative dispute resolution, and in civil law, such as civil commitment, predicting dangerousness, and child custody. Course objectives, requirements, and teaching aids are outlined, and some thoughts on integrating these diverse topics are included.

Guilty Minds

2017 ◽  
Author(s):  
Anne C. Dailey
Keyword(s):  
Decision Making ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Rational Decision ◽  
Police Interrogation ◽  
Rational Person ◽  
Unfair Advantage ◽  
Rational Decision Making ◽  
Unconscious Guilt

This chapter examines the puzzling question of why an otherwise rational person would voluntarily confess to a crime, knowing full well that the state will punish in return. Even more puzzling is the phenomenon of false confessions, where an individual inexplicably confesses to a crime she did not commit, in some cases believing in her own guilt. Psychoanalysis gives us important insights into these irrational phenomena. The focus in this chapter is on the ways in which certain deceptive and degrading police interrogation tactics may override a suspect’s conscious rational decision-making powers by enlisting unconscious needs, aggressions, and guilt. Three interrogation tactics are of greatest concern: false sympathy, degradation, and trickery. As this chapter shows, false sympathy and degradation exploit deep-seated, unconscious desires for absolution and punishment that undermine the voluntariness of a suspect’s self-incriminating statements. Similarly, police trickery can take unfair advantage of a suspect’s need to rationalize unconscious guilt for a crime he did not commit. By drawing attention to the risks associated with these methods, psychoanalysis ensures that the most egregious practices can be eliminated from our criminal justice system. Psychoanalytic insights into unconscious processes advances the law’s own best ideals of fundamental fairness in the criminal law.

scholarly journals La justicia penal militar colombiana y los principios procesales constitucionales de independencia e imparcialidad, después de la separación de la función de jurisdicción con la función de comando

Justicia ◽  
2014 ◽  
Vol 19 (26) ◽  
Author(s):  
Consuelo Amparo Henao Toro ◽  
Ingrid Regina Petro Gonz ◽  
Felipe Andrés Mar
Keyword(s):  
Criminal Law ◽  
Justice System ◽  
Third Parties ◽  
Penal Code ◽  
Security Forces ◽  
Origin And Evolution ◽  
The Creation ◽  
The Law ◽  
The Military ◽  
Legal Training

El presente artículo analiza la Justicia Penal Militar colombiana, su origen y evolución desde la vigencia del Decreto 2550 de 1988, según el cual los miembros de la Fuerza Pública podían ejercer simultáneamente las funciones de comando con las funciones de jurisdicción, toda vez que quien juzgaba no se encontraba técnicamente habilitado para desarrollar esa función por carecer de formación jurídica profesional y debía depender de terceras personas para emitir sus fallos, situación que contrariaba los principios de independencia e imparcialidad. Posteriormente, con la creación de la Ley 522 de 1999, actual Código Penal Militar, esas funciones fueron separadas y prohibidas, lo que amerita analizar estos principios a la luz de esta normativa penal militar.   AbstractThis article analyzes the Penal Military Colombian Justice system, its origin and evolution from the enforcement of Decree 2550 of 1988 according to which members of the security forces could exercise the functions of command simultaneously with the functions of jurisdiction, since he was deemed not technically qualified to perform that function due to lack of professional legal training and had to rely on third parties to issue their decisions, a situation that went against the principles of independence and impartiality. Later, with the creation of the Law 522 of 1999 current Military Penal Code, these functions were separated and thus deserving prohibited discuss these principles in light of the military criminal law.

scholarly journals An order of crime the criminal law of the Independent State of Croatia (NDH) 1941-1945

Balcanica ◽  
2017 ◽  
pp. 289-342
Author(s):  
Igor Vukovic
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
Concentration Camps ◽  
Independent State ◽  
The Creation ◽  
Legal Character ◽  
Kingdom Of Yugoslavia ◽  
Collective Punishment

The system of criminal law norms passed in the so-called Independent State of Croatia (NDH) from its inception in 1941 was aimed at creating and maintaining an atmosphere of terror implemented by the Ustasha government. Although the framework of substantive and procedural rules of the Kingdom of Yugoslavia was formally retained, immediately after the establishment of the NDH regulations introducing many new crimes punishable by death were enacted. Defining the ?honour and vital interests of the Croatian people? as an appropriate object of criminal law protection enabled the creation of a regime of legalized repression against non-Croat populations, with an extensive jurisdiction of martial criminal justice. In addition to abuse of the court martial mechanism, the criminal character of government was also manifested in the wide application of administrative and punitive measures of sending to concentration camps as well as collective punishment. In line with Radbruch?s thought, the author denies the legal character of the system of criminal law formally established in the territory of the NDH in the circumstances of genocide.

scholarly journals Legality Letter of Statement of Khilaf in Indonesia Criminal Justice System

FIAT JUSTISIA ◽  
2018 ◽  
Vol 12 (2) ◽  
pp. 128
Author(s):  
Rugun Romaida Hutabarat
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Justice System ◽  
Primary Source ◽  
Secondary Data ◽  
Criminal Offense ◽  
Criminal Procedure Law ◽  
The Law ◽  
Criminal Matters

In criminal law, a person charged with a criminal offense may be punished if it meets two matters, namely his act is unlawful, and the perpetrator of a crime may be liable for the indicated action (the offender's error) or the act may be dismissed to the perpetrator, and there is no excuse. The reasons may result in the death or the removal of the implied penalty. But it becomes a matter of how if the Letter of Statement Khilaf is the answer to solve the legal problems. The person who refuses or does not do what has been stated in the letters is often called "wanprestasi" because the statement is categorized as an agreement. The statement includes an agreement which is the domain of civil law or criminal law, so its application in the judicial system can be determined. This should be reviewed in the application of the law, are there any rules governing wrong statements in the criminal justice system. By using a declaration of khilaf as a way out of criminal matters, then the statement should be known in juridical rules. This study uses normative juridical methods, by conceptualizing the law as a norm rule which is a benchmark of human behavior, with emphasis on secondary data sources collected from the primary source of the legislation. The result of this research is that the statement of khilaf has legality, it is based on Jurisprudence No. 3901 K / Pdt / 1985 jo Article 189 Paragraph (1) of Indonesian criminal procedure law. However, this oversight letter needs to be verified in front of the court to be valid evidence, but this letter of error is not a deletion of a criminal offense, because the culpability of the defendant has justified the crime he committed. Such recognition, cannot make it free from the crime that has been committed.Keywords: Legality, Letter of Statement, Criminal Justice System

Elements of Shareholder Democracy

2019 ◽  
pp. 334-464
Author(s):  
Carsten Gerner-Beuerle ◽  
Michael Schillig
Keyword(s):  
Decision Making ◽  
Cash Flow ◽  
Legal Systems ◽  
Corporate Power ◽  
Indirect Influence ◽  
Business Operations ◽  
The Law ◽  
Shareholder Democracy ◽  
Cash Flow Rights ◽  
Legal Sense

This chapter begins with a discussion of the origins of corporate power. Shareholders are often considered the owners of the corporation. However, this is questionable in an economic and social, if not a legal, sense. In fact, the position of shareholders in many legal systems is confined to that of mere investor who acquires cash flow rights, but has minimal (and only indirect) influence on business operations through the election of directors. Where shareholders (or, for that matter, directors) have the power to decide, the law needs to ensure that they do not abuse their position of power to the detriment of corporate actors bound by the decision without being able to influence it. The chapter then covers the limits of corporate power, shareholder decision-making, and the appointment and removal of directors.

Compulsory Portion in Hungary

2020 ◽  
pp. 345-365
Author(s):  
Lajos Vékás
Keyword(s):  
Civil Code ◽  
Property Law ◽  
European Law ◽  
Legal Systems ◽  
Deceased Person ◽  
The Family ◽  
Matrimonial Property Law ◽  
The Creation ◽  
The Law

Following the model of continental European law, Hungarian law introduced the compulsory portion in 1853, allowing in the closest blood-relatives to benefit from the estate of a deceased person against the testator’s wishes. In the course of the latest reform, the possible abolition (or at least limitation) of the compulsory portion was raised. However, at the time of the creation of the Civil Code of 2013 the legislator took the view that the compulsory portion had already taken root in the general legal awareness of the population and that its continuation could be justified. This view was strengthened by the fact that the majority of contemporary continental legal systems, in their quest for the protection of the family, tend to recognize a claim by the closest relatives to a compulsory portion. Traditionally in Hungarian law, the descendants and parents of the deceased were entitled to a compulsory portion in accordance with the order of intestate succession. Only since 1960 has the law also recognized the spouse as a person entitled to a compulsory portion. Previously the approach was that the spouse should be compensated through the rules of matrimonial property law and intestate succession. Since 2009 registered partners have been put in the same position as a spouse. Until 2014, the extent of the compulsory portion was one-half of the intestate share of the person entitled to a compulsory portion; today it is one-third.

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