Trials in absentia and the cuts to criminal legal aid

The swingeing cuts to criminal legal aid may do irreparable damage to the defence side of the equality of arms. Coupled with this, the case of R v Jones gives the judge discretion to try in the defendant’s absence without representation or being present as a litigant-in-person. It is arguable that the defendant’s right to be heard will be chipped away at until the defence side is left legally crippled. The enactment of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 is insular and neglects the defendant’s rights systemically. Without an adequate defence, squalid injustice will permeate and reverberate throughout the criminal justice system. Defendants cannot be corralled into court without the assistance of an advocate. The impact of the cuts falls on the litigant-in-person, thereby delimiting access to justice. Thus it disallows the opportunity to raise a proper defence. The sequela of the attack against the defence is a retreat back to the pre-1690s when defendants had very limited chances of being represented. Expense should not quell the right to be heard. Will the 2012 Act administer the coup de grace to the right to be heard or will Magna Carta be a heaven-sent ancient bulwark against this threat?

Download Full-text

Akses Keadilan Sebagai Perlindungan Hukum Bagi Perempuan Berhadapan Dengan Hukum Dalam Sistem Peradilan Pidana

Hukum dan Masyarakat Madani ◽

10.26623/humani.v9i1.1445 ◽

2019 ◽

Vol 9 (1) ◽

pp. 72

Author(s):

Ani Triwati

Keyword(s):

Criminal Justice ◽

Criminal Justice System ◽

Justice System ◽

The State ◽

Access To Justice ◽

Political Rights ◽

Civil And Political Rights ◽

The Law ◽

The Republic ◽

The Right

<div>Negara mengakomodir hak setiap orang termasuk hak perempuan berhadapan dengan hukum dalam Undang-Undang Dasar Negara Republik Indonesia Tahun 1945. Perempuan berhadapan dengan hukum mempunyai hak untuk memperoleh akses keadilan. Sebagai negara yang telah meratifikasi Kovenan Internasional tentang Hak-Hak Sipil dan Politik dengan Undang-Undang Nomor 12 Tahun 2005 tentang Pengesahan International Covenant on Civil and Political Rights, Indonesia berpedoman pada Konvensi tersebut dalam mewujudkan persamaan semua orang di hadapan hukum dan peraturan perundang-undangan, larangan diskriminasi serta menjamin perlindungan yang setara dari diskriminasi, termasuk jenis kelamin atau gender. Selanjutnya, Indonesia sebagai pihak dalam Konvensi Penghapusan Segala Bentuk Diskriminasi Terhadap Perempuan (Convention on the Elimination All of Forms Discrimination Against Women/ CEDAW) mengakui kewajiban negara untuk memastikan bahwa perempuan mempunyai akses keadilan dan bebas dari diskriminasi dalam sistem peradilan (pidana). Dalam upaya memberikan akses keadilan, negara menjabarkan jaminan hak perempuan berhadapan dengan hukum dalam peraturan perundang-undangan. Sistem peradilan pidana merupakan salah satu upaya dalam memberikan akses keadilan sebagai perlindungan bagi perempuan berhadapan dengan hukum melalui perlindungan terhadap hak-hak perempuan selama pemeriksaan dalam setiap tahap peradilan. The rights of every person including rights of women encounter the law are accommodated by the state based on the Constitution of the Republic of Indonesia of 1945. Women’s in law having the right in terms of accessing justice. As a nation that ratify the International Covenant on Civil and Political Rights with Law Number 12 of 2005 regarding the legitimation of the International Covenant on Civil and Political Rights, Indonesia refers to the convention in realizing the equality of all people before laws and regulations, prohibition of discrimination and guarantee the equal protection from any form of discrimination, including gender. Furthermore, Indonesia as a part in the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) admit the obligation of the state to ensure that women are capable accessing justice and exempt from discrimination in the criminal justice system. In an effort to provide access to justice, the state elucidates the guarantee of the rights of women’s in the laws within the law regulations. Therefore, The criminal justice system is the one of an effort providing access to justice as well as the protection for women’s in law through the protection of women's rights during investigation at every stage of justice.</div>

Download Full-text

PENERAPAN BANTUAN HUKUM DALAM PROSES PENYIDIKAN DENGAN PRINSIP ACCUSATOIR

Pena Justisia Media Komunikasi dan Kajian Hukum ◽

10.31941/pj.v18i1.1085 ◽

2020 ◽

Vol 18 (1) ◽

Author(s):

Muhammad Rusli Arafat

Keyword(s):

Criminal Justice ◽

Criminal Justice System ◽

Justice System ◽

Legal Protection ◽

Fundamental Rights ◽

Legal Aid ◽

Police Investigation ◽

The Right ◽

Investigation Process

<table width="605" border="0" cellspacing="0" cellpadding="0"><tbody><tr><td valign="top" width="406">Investigation of criminal case through the criminal justice system must to base on the appropriate processes and procedure that can be accounted. One of the important procedures to investigation is the right to get legal protection. Legal protection is one of the fundamental rights that every human being possesses, one form of legal protection is right to obtain legal aid in every steps of investigation process. The legal aid has an important meaning for someone who dealing with legal issues. This research is discussed about application of legal aid in the process of police investigation. This research also specializes in the approach using the rule of national law (legislation) to be able to know the application of legal aid with the principle of accusatoir. The result of this research is Legal aid can reduce the number of violence in the process of investigation of suspects by the police (investigation) in order to protect the human rights of the suspect, the role of legal aid is needed, the number of investigation of suspects not accompanied by advocate it cause torture of the suspect, because the investigator considers the suspect to be an object of inspection instead of placing the suspect as the subject of the investigation.Keywords: The criminal justice system, Investigation, legal aid, accusatoir principle</td></tr></tbody></table>

Download Full-text

Victim Participation in Parole Proceedings in South Africa

Southern African Public Law ◽

10.25159/2522-6800/3690 ◽

2019 ◽

Vol 34 (1) ◽

Author(s):

Jamil Mujuzi

Keyword(s):

South Africa ◽

Criminal Justice ◽

Criminal Justice System ◽

South African ◽

Justice System ◽

Criminal Procedure ◽

Prison Inmate ◽

Parole Board ◽

Victims Of Crime ◽

The Right

South African law provides for circumstances in which victims of crime may participate in the criminal justice system at the investigation, prosecution (trial), sentencing and parole stages. In South Africa, a prison inmate has no right to parole although the courts have held that they have a right to be considered for parole. In some cases, the victims of crime have a right to make submissions to the Parole Board about whether the offender should be released on parole. Section 299A of the Criminal Procedure Act 51 of 1977 provides for the right of victims of crime to participate in parole proceedings. The purpose of this article is to discuss section 299A and illustrate ways in which victims of crime participate in the parole process. The author also recommends ways in which victims’ rights in section 299A of the Criminal Procedure Act could be strengthened.

Download Full-text

What of the Child? Preventing the Publication of Children's Names After the Age of 18

Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad ◽

10.17159/1727-3781/2021/v24i0a9571 ◽

2021 ◽

Vol 24 ◽

pp. 1-31

Author(s):

Sophy Baird

Keyword(s):

Criminal Justice ◽

Criminal Justice System ◽

Justice System ◽

Freedom Of Expression ◽

Best Interests ◽

Child Victims ◽

Criminal Proceedings ◽

The Right To Privacy ◽

The Face ◽

The Right

Children are afforded a number of protections when they encounter the criminal justice system. The need for special protection stems from the vulnerable position children occupy in society. When children form part of the criminal justice system, either by being an offender, victim, or witness, they may be subjected to harm. To mitigate against the potential harm that may be caused, our law provides that criminal proceedings involving children should not be open to the public, subject to the discretion of the court. This protection naturally seems at odds with the principle of open justice. However, the courts have reconciled the limitation with the legal purpose it serves. For all the protection and the lengths that the law goes to protect the identity of children in this regard, it appears there is an unofficial timer dictating when this protection should end. The media have been at the forefront of this conundrum to the extent that they believe that once a child (offender, victim, or witness) turns 18 years old, they are free to reveal the child's identity. This belief, grounded in the right to freedom of expression and the principle of open justice, is at odds with the principle of child's best interests, right to dignity and the right to privacy. It also stares incredulously in the face of the aims of the Child Justice Act and the principles of restorative justice. Measured against the detrimental psychological effects experienced by child victims, witnesses, and offenders, this article aims to critically analyse the legal and practical implications of revealing the identity of child victims, witnesses, and offenders after they turn 18 years old.

Download Full-text

Investigating the Impact of Jury Sentencing Recommendations Using Procedural Justice Theory

New Criminal Law Review An International and Interdisciplinary Journal ◽

10.1525/nclr.2017.20.4.535 ◽

2017 ◽

Vol 20 (4) ◽

pp. 535-568 ◽

Cited By ~ 1

Author(s):

Gianni Ribeiro ◽

Emma Antrobus

Keyword(s):

Criminal Justice ◽

Procedural Justice ◽

Criminal Justice System ◽

Justice System ◽

Frustration Effect ◽

Public Confidence ◽

Justice Theory ◽

Perceptions Of Fairness ◽

Sentencing Recommendations ◽

The Impact

Public confidence in the criminal justice system is critical for the system to function effectively. Two studies investigated the impact of jury sentencing recommendations on public confidence using procedural justice theory. The first study (N = 80) manipulated the presence of jury involvement in sentencing (voice present versus voice absent) and the punitiveness of the minimum non-parole period (more punitive versus less punitive) to examine whether giving juries a “voice”—a key element of procedural justice—would increase public confidence in the courts, as well as perceptions of fairness and legitimacy. Contrary to predictions, results revealed that a more punitive sentence led to increased perceptions of legitimacy, which was associated with higher confidence. The second study (N = 60) examined whether manipulating the Judge’s agreement with the jury’s recommendation—as well as the Judge’s reason for disagreement—would elicit the “frustration effect,” leading to a decrease in confidence and perceptions of fairness and legitimacy. There was no evidence to suggest that the frustration effect was present. Results of both studies could suggest that jury sentencing recommendations may not effectively increase public confidence and perceptions of fairness and legitimacy in the courts, however alternate explanations are discussed.

Download Full-text

The Impact of Reform on the Criminal Justice System in Mexico

SSRN Electronic Journal ◽

10.2139/ssrn.2064143 ◽

2012 ◽

Cited By ~ 1

Author(s):

Luisa R. Blanco

Keyword(s):

Criminal Justice ◽

Criminal Justice System ◽

Justice System ◽

The Impact

Download Full-text

RESTORATIVE JUSTICE SEBAGAI ALTERNATIF PERLINDUNGAN HUKUM TERHADAP KORBAN KEKERASAN DALAM RUMAH TANGGA

Jurnal Hukum & Pembangunan ◽

10.21143/jhp.vol39.no2.209 ◽

2009 ◽

Vol 39 (2) ◽

pp. 238

Author(s):

Rena Yulia

Keyword(s):

Domestic Violence ◽

Criminal Justice ◽

Criminal Justice System ◽

Restorative Justice ◽

Violent Crime ◽

Justice System ◽

Legal Protection ◽

The Right

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

Download Full-text

Kijibashik: Turn it Around

University of Toronto Journal of Public Health ◽

10.33137/utjph.v1i1.33808 ◽

2020 ◽

Vol 1 (1) ◽

Author(s):

Tenzin Butsang ◽

Flora Matheson ◽

Jerry Flores ◽

Angela Mashford-Pringle

Keyword(s):

Criminal Justice ◽

Criminal Justice System ◽

Justice System ◽

Public Health Research ◽

Indigenous Women ◽

Core Knowledge ◽

Community Based Research ◽

Critical Gap ◽

Federal Prisons ◽

The Impact

Over the last decade, there has been a dramatic increase in the number of incarcerated Indigenous women within Canada’s federal prisons. More than half of these women also identify as single mothers of multiple children, extending the scope of incarceration’s impact across generations. While maternal incarceration has been shown to contribute to a myriad of issues in children, including mental illness and increased mortality, there are few qualitative studies where previously incarcerated Indigenous women have been asked directly about the impact of incarceration on their wellbeing and mothering. This project will utilize a community-based research methodology that centers the voices of previously incarcerated Indigenous mothers by examining the commonalities and distinctions in their lived experiences. We will (1) identify the mental, emotional, spiritual, physical, and relational implications of incarceration for Indigenous mothers, (2) explore Indigenous concepts of motherhood and kinship, (3) identify the unique needs of this population in the criminal justice system, and (4) inform new and existing programs and services directed towards Indigenous mothers involved in the criminal justice system. Semi-structured individual interviews with previously incarcerated Indigenous mothers and Sharing Circles (focus groups) with key stakeholders, including Elders, Healers, and community partners involved in the criminal justice field will form the core knowledge for the project. This project will address a critical gap in public health research concerning the wellbeing of marginalized and incarcerated individuals and contribute significantly to our understanding of the experiences of Indigenous women in the criminal justice system. Through a collaborative partnership with several key Indigenous-centred organizations, the knowledge generated will be used to inform and develop decarceration programming and supports for previously incarcerated Indigenous mothers, establishing concrete measures to reduce the overrepresentation of Indigenous women in the Canadian criminal justice system, now and into the future.

Download Full-text

Housing Inequalities, Crime, and the Criminal Justice System: The Shifting Context in England and Wales since the 1980s

Tracing the Relationship between Inequality, Crime and Punishment ◽

10.5871/bacad/9780197266922.003.0010 ◽

2021 ◽

pp. 242-264

Author(s):

Emily Gray ◽

Phil Mike Jones ◽

Stephen Farrall

Keyword(s):

Criminal Justice ◽

Criminal Justice System ◽

Justice System ◽

Unintended Consequences ◽

Policy Changes ◽

Property Owners ◽

Life Course Studies ◽

Legislative Changes ◽

The Right ◽

Right To Buy

One of the first steps Margaret Thatcher’s government took following their election in 1979 was to introduce legislation that enabled sitting council tenants to buy their council homes. This chapter assesses the legacy of this policy on the experiences of homelessness and contact with the criminal justice system of two cohorts of UK citizens. Using longitudinal studies of people born in 1958 and 1970, the authors explore how policies intended to turn council tenants into property owners, may have also increased the risks of homelessness, and contact with the criminal justice system for others as well as subsequent generations. The authors assess how legislative changes can shape the lives of citizens, and highlight some of the unintended consequences of the ‘right to buy’ policy. Our chapter, therefore is essentially about the investigation of the outcomes of radical system deregulation. Our chapter draws upon concepts derived from life-course studies and historical institutionalist thinking in order to understand in-depth how radical policy changes may shape and alter the lives of ordinary citizens.

Download Full-text

Strategic Incapacitation of Indigenous Dissent: Crowd Theories, Risk Management, and Settler Colonial Policing

The Canadian Journal of Sociology ◽

10.29173/cjs29397 ◽

2018 ◽

Vol 43 (4) ◽

pp. 325-348 ◽

Cited By ~ 2

Author(s):

Miles Howe ◽

Jeffrey Monaghan

Keyword(s):

Risk Management ◽

Social Movements ◽

Criminal Justice ◽

Criminal Justice System ◽

Justice System ◽

Protest Policing ◽

Indigenous Social Movements ◽

The Right ◽

Management Of Risk

Engaging scholarship from sociologies of security to protest policing, this article explores how risk management and actuarial tools have been operationalized in Canadian policing of Indigenous protests. We detail RCMP actuarial tools used to assess individual and group risk by tracing how these techniques are representative of much older trends in the criminal justice system surrounding the management of risk, but also have been advanced by contemporary databanking and surveillance capacities. Contesting public claims of police impartiality and objectivity, we highlight how the construction of riskiness produces an antagonism towards “successful” Indigenous protests. Though the RCMP regularly claim to “protect and facilitate the right to lawful advocacy, protest and dissent,” we show how these practices of strategic incapacitation exhibit highly antagonistic forms of policing that are grounded in a rationality that seeks to demobilize and delegitimize Indigenous social movements.

Download Full-text