Have you considered the opposite? A debiasing strategy for judgment in criminal investigation

2021 ◽  
pp. 0032258X2110388
Author(s):  
Ivar Fahsing ◽  
Asbjørn Rachlew ◽  
Lennart May
Keyword(s):  
Criminal Law ◽  
Police Officers ◽  
Criminal Investigation ◽  
Presumption Of Innocence ◽  
Positive Guidance ◽  
Evidence Evaluation ◽  
Administration Of Justice ◽  
Human Decision ◽  
Alternative Hypotheses ◽  
Court Proceedings

Fundamental challenges in human decision-making pose a serious threat to fair evidence evaluation, verdicts in court proceedings, and the administration of justice. Drawing on cognitive psychology, we examined whether a consider-the-opposite approach can assist police officers with positive guidance on how to implement crucial legal thresholds such as the presumption of innocence. In an experiment with sworn police officers ( N = 100), we compared a consider-the-opposite condition and a control condition (with no further instructions) and measured the formulated alternative hypotheses. The results show a promising debiasing effect of the consider-the-opposite approach which may strengthen fundamental principles of criminal law.

An analysis of critical ‘voices’ and ‘styles’ in transpreters’ translations of complainants’ narratives

2016 ◽  
Vol 2 (1) ◽  
pp. 142-166 ◽  
Author(s):  
Monwabisi K. Ralarala
Keyword(s):  
South African ◽  
Police Officers ◽  
Justice System ◽  
English Language ◽  
Criminal Investigation ◽  
Oral Narrative ◽  
Administration Of Justice ◽  
Police Records ◽  
And Function ◽  
Role And Function

Police officers (hereafter referred to as transpreters) have a fundamental role and function as both ‘interpreters’ and ‘translators’ in the process of the administration of justice. This role and function hinges, oftentimes, on how the two agents, that is, the transpreters and the complainants, relate to each other. What is it that they represent? What do they stand to gain? What mechanisms are at play that they exploit to reach their various goals and desires? In discharging these roles and functions, transpreters in particular become actively engaged in the activities of listening to, visualising, then retelling and rewriting the complainants’ isiXhosa oral narrative text into the English language. All these laborious and tedious activities are conducted to compile sworn statements that become essential in the leading of a criminal investigation, as well as in compiling the evidence that is ultimately used in court. In this context, the ‘voices’ that inform the ‘styles’ in and through which the original narratives are reconstructed (as translations) into police records remain critical as part of the legal discourse in the South African criminal justice system. These ‘voices’ and ‘styles’ signal the extent to which sworn statements are mediated and manipulated.

scholarly journals When the Police Break the Law: The Investigation, Prosecution and Sentencing of Ontario Police Officers

2021 ◽  
pp. 1-24
Author(s):  
Kate Puddister ◽  
Danielle McNabb
Keyword(s):  
Law Enforcement ◽  
Empirical Analysis ◽  
Criminal Law ◽  
Police Officers ◽  
Justice System ◽  
Criminal Offence ◽  
Administration Of Justice ◽  
Community Trust ◽  
The Law

Abstract Community trust in law enforcement and confidence in the administration of justice is put to the ultimate test when police officers act outside the limits prescribed by the criminal law. External and civilian oversight of the police can be essential to investigate and respond to allegations of police criminality and impropriety. However, little is known about the investigations completed by civilian oversight agencies and the prosecution of police officers. In this paper, we analyze 159 investigations by the Ontario Special Investigations Unit over a fifteen-year period. We examine each case from the laying of charges to prosecution through to sentencing. We provide an empirical analysis of how the justice system responds to police officers charged with a criminal offence. We situate these findings within the context of the broader justice system and police oversight. At the same time, we observe certain differences between the Canadian and American approaches to dealing with police offenders accused and convicted of criminal offences.

ASAS TERBUKA UNTUK UMUM DAN KEHADIRAN FISIK PARA PIHAK DALAM SIDANG DI PENGADILAN NEGERI PASCA PERATURAN MAHKAMAH AGUNG NOMOR 1 TAHUN 2019

2020 ◽  
Vol 6 (1) ◽  
pp. 237-250
Author(s):  
Bernadette M Waluyo
Keyword(s):  
Supreme Court ◽  
Basic Principle ◽  
Civil Law ◽  
The Other ◽  
District Court ◽  
Procedural Law ◽  
Other Hand ◽  
Administration Of Justice ◽  
Law Courts ◽  
Court Proceedings

The Indonesian Supreme Court, in response to the information era, modernizes the civil procedural rules at the district court level.  This is done by issuing Supreme Court Regulation no. 1 of 2019 re. Administration of Justice at Civil Law Courts and Electronic-Court Proceedings. Undoubtedly, modernization of existing rules on the administration of justice is much needed.  On the other hand, these changes may violate a number of procedural civil law principles.  The author argues, from a civil procedural law perspective, that the above Supreme Court regulation violates the basic principle of transparency of court proceedings and physical attendance at court proceedings. 

Forensic Evidence in Proving Crimes: Exploring the Legal Frameworks of Sharīʿah Bukti Forensik Bagi Membuktikan Jenayah: Menerokai Rangka Kerja Guaman Sharīʿah

2016 ◽  
Vol 13 (1) ◽  
pp. 220-247
Author(s):  
Sayyid Mohammad Yunus Gilani ◽  
K. M. Zakir Hossain Shalim
Keyword(s):  
Legal System ◽  
Islamic Law ◽  
Common Law ◽  
Legal Framework ◽  
New Method ◽  
Criminal Investigation ◽  
Forensic Evidence ◽  
Administration Of Justice ◽  
Legal Frameworks

AbstractForensic evidence is an evolving science in the field of criminal investigation and prosecutions. It has been widely used in the administration of justice in the courts and the Western legal system, particularly in common law. To accommodate this new method of evidence in Islamic law, this article firstly, conceptualizes forensic evidence in Islamic law.  Secondly, explores legal frameworks for its adoption in Islamic law. Keywords: Forensic Evidence, legal framework, Criminal Investigation, Sharīʿah.AbstrakBukti forensik adalah sains yang sentiasa berkembang dalam bidang siasatan jenayah dan pendakwaan. Ia telah digunakan secara meluas dalam pentadbiran keadilan di mahkamah dan sistem undang-undang Barat, terutamanya dalam undang-undang common (common law). Untuk menampung kaedah pembuktian baru ini dalam undang-undang Islam, artikel ini, pertamanya, konseptualisasikan bukti forensik dalam undang-undang Islam. Kedua, ia menerokai rangka kerja undang-undang untuk penerimaannya dalam undang-undang Islam.Kata Kunci: Bukti Forensik, Rangka Kerja Guaman, Siasatan Jenayah, Sharīʿah.

Individual psychological characteristics of employees of criminal investigation departments in transport due to the risk of professional deformation

2020 ◽  
Vol 2020 (4) ◽  
pp. 220-230
Author(s):  
Yuliya Novikova ◽  
Alexander Shakhmatov ◽  
Maria Salyah
Keyword(s):  
Police Officers ◽  
Social Intelligence ◽  
Federal District ◽  
Psychological Characteristics ◽  
Criminal Investigation ◽  
Professional Burnout ◽  
The North ◽  
The Individual ◽  
North Western ◽  
Learn Behavior

The relevance of the study of individual psychological characteristics of employees of criminal investigation departments in transport in the North-Western Federal district of the Ministry of Internal Affairs of Russia (hereinafter referred to as the NWFD) in relation to indicators of professional deformation is due to the specific features of their official activities. Despite a significant amount of research on the phenomenon of professional deformity of police officers, there are few thoroughly developed and completed works on the prevention of professional deformities of police officers. The purpose of our research was to study the individual psychological characteristics of employees of criminal investigation departments in connection with the risk of professional deformation. The results of the empirical study were processed by correlation and factor analysis (49 parameters). The results of the initial analysis showed that the overall assessment of job satisfaction among employees of the studied departments is average with a downward trend. The results of the study on «professional burnout» revealed that a number of employees surveyed are close to emotional exhaustion. It is established that empathic abilities, social intelligence, and constructive coping strategies play an important role in the structure of individual psychological characteristics of police officers. Low ability of employees to learn behavior determines non-constructive strategies and models for coping with stressful situations, which leads to deformation of relationships with other people, i.e. to professional deformation. The obtained data can be used as the basis for the program of psychoprophylaxis of professional deformation of criminal investigation units in transport in the northwestern Federal district.

PENERAPAN SANKSI ADAT DALAM PENYELESAIAN TINDAK PIDANA PERJUDIAN DI KABUPATEN PESISIR SELATAN (STUDI KASUS PADA SATRESKRIM POLRES PESISIR SELATAN)

2021 ◽  
Vol 3 (2) ◽  
pp. 173-179
Author(s):  
Muhardi Muhardi
Keyword(s):  
Criminal Law ◽  
Analytical Study ◽  
Customary Law ◽  
Criminal Investigation ◽  
Playing Card ◽  
Day By Day

The practice of gambling is growing day by day in various levels of society, from the lower classes to the upper classes. This was proven when the Pesisir Selatan Criminal Investigation Unit (Sat Reskrim) arrested 7 (seven) mothers who played playing card gambling in Kampung Samudera, Kenagarian Surantih, Sutera District, Pesisir Selatan on October 21, 2017. But before taking the route criminal law in general, this case has been resolved by customary law in Pesisir Selatan by receiving customary sanctions. This research is a descriptive analytical study. The approach used in this study is a normative juridical approach supported by an empirical juridical approach. From the results of the research it can be explained that: First, the application of customary sanctions in the settlement of gambling crimes in Pesisir Selatan Regency, is by considering local rules and discretion made by the Head of Criminal Investigation Unit of the Pesisir Selatan Police. Where deliberation leaders, traditional, religious and family leaders hold a meeting, the results of the deliberation are conveyed to the police so that the suspects will be given customary sanctions, in the form of requiring them to walk from the location of arrest to one of the mosques, and vowing not to repeat the act again. Second, the obstacles to the application of customary sanctions in solving gambling crimes in Pesisir Selatan Regency are internal obstacles to the police and external obstacles to the police. There are settlement steps that can be taken in overcoming the obstacles that occur in overcoming gambling with preventive and repressive measures.

scholarly journals The Implementation of the Strict-Liability Principle to the Perpetrators of Forest and Land Burning

2020 ◽  
Vol 07 (03) ◽  
pp. 314-333
Author(s):  
Hafrida Hafrida ◽  
Helmi Helmi ◽  
Bunga Permatasari
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Forest Fires ◽  
Agricultural Land ◽  
Strict Liability ◽  
Deterrent Effect ◽  
Diplomatic Relations ◽  
Main Principle ◽  
Health Quality ◽  
Court Proceedings

The massive forest and land fires in Indonesia have been raging and caused haze disaster. The haze disaster is not suffered only in Indonesian territory, but it has become a transnational disaster resulting in extensive economic and health quality losses. In addition, the disaster has led damage to agricultural land and disruption of diplomatic relations among affected states. The number of perpetrators of forest and land fires that increase annually shows that the enforcement of criminal law is relatively ineffective. This article covers the problem whether the principle of strict liability can be applied to the perpetrators of forest burning. In 2019, forest fires in the Jambi Province had took placed in estimated 165.86.58 hectares. The forest fire is the main source of transnational haze disaster. Law enforcement on forest fires in Jambi has not provided a deterrent effect yet. There are forty-six companies acquiring fires in their concession land areas. Unfortunately, only four of them reached court proceedings and only two companies were declared guilty by the court. Therefore, as a deterrent effort, the principle of strict liability can be applied as the main principle to handle perpetrators of forest burning.

scholarly journals Discreet Discretion and Moderate Moderation in Judicial Sentencing: A commentary on Kenya’s Sentencing Policy Guidelines, 2016

2017 ◽  
Vol 3 (1) ◽  
pp. 89-112
Author(s):  
Harrison O Mbori
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Justice System ◽  
Cultural Development ◽  
Judicial System ◽  
Sentencing Guidelines ◽  
Criminal Sentencing ◽  
Administration Of Justice ◽  
Sentencing Policy

Criminal sentencing is an integral part in any judicial system for the fair administration of justice. The process of sentencing and the standards applied by judicial officers has, however, been a notoriously difficult component in many criminal law systems. In Kenya, sentencing has been blamed as one of the sources of ‘popular dissatisfaction with the administration of justice’ to borrow from Roscoe Pound. This was the impetus for the Kenyan Judiciary to introduce the Sentencing Policy Guidelines, 2016 (SPGs). This paper is a general commentary, critique, and analysis of the SPGs. The author argues that SPGs come at an instructive epoch in Kenya’s economic, socio-political, and cultural development. This contribution is not a polemic on the Kenyan SPGs. The commentary makes sideglances to various jurisdictions that have had a longer experience with sentencing guidelines. The article forecasts that Kenyan SPGs will, despite its few shortcomings, nevertheless, prove to be important for all judicial officers involved in Kenya’s criminal justice system.

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