scholarly journals Doing Indefinite Time: Penal Confinement and the Life-Imprisoned Offender in Denmark, Finland, and Sweden

2018 ◽  
Vol 99 (1) ◽  
pp. 66-88 ◽  
Author(s):  
Doris Schartmueller
Keyword(s):  
Criminal Justice ◽  
Legal Research ◽  
Criminal Justice Practitioners ◽  
Life Sentences

Penal confinement in Danish, Finnish, and Swedish prisons has become a topic of growing interest in comparative penal research. While prison sentences in these countries are characterized by reintegration, offenders serving life sentences with unknown dates of release pose particular challenges. This study involved comparing and contrasting the enforcement of life sentences in Denmark, Finland, and Sweden through comparative legal research and interviews with criminal justice practitioners. The findings suggest reintegrative efforts for life-imprisoned offenders are in theory the same as those for any other prisoner but, in practice, some implementation difficulties arise due to the indefinite character of their sentence.

‘It’s all considered to be unacceptable behaviour’

2016 ◽  
Vol 63 (4) ◽  
pp. 433-451 ◽  
Author(s):  
Vickie Cooper
Keyword(s):  
Criminal Justice ◽  
Housing Policy ◽  
Local Authority ◽  
Housing Authority ◽  
Policy And Practice ◽  
England And Wales ◽  
Critical Questions ◽  
Housing Options ◽  
Criminal Justice Practitioners

Despite a growing recognition of the intersectional relationship between homelessness and incarceration, we have a limited knowledge about housing policy and practice for people leaving custody and (ex)offender groups in the community. Addressing these gaps, this paper provides an overview of the main local housing authority statutory duties in the provision of housing support for prison leavers and (ex)offenders in England and Wales, and situates the issues with accessing accommodation within the wider context of austerity. The paper presents a case study that explores criminal justice practitioners’ experiences of working with local authority housing agencies. Stemming from 25 interviews with housing practitioners and criminal justice practitioners, the paper outlines the main challenges facing criminal justice agencies as they try to secure accommodation for homeless (ex)offenders and resettle them in the community. Finally, the paper concludes by raising critical questions about the housing options for this population, now and in the future.

11. When things go wrong in the criminal justice process

2021 ◽  
pp. 518-598
Author(s):  
Lucy Welsh ◽  
Layla Skinns ◽  
Andrew Sanders
Keyword(s):  
Criminal Justice ◽  
Criminal Cases ◽  
Civil Proceedings ◽  
Justice Process ◽  
Criminal Justice Process ◽  
Institutional Architecture ◽  
Criminal Justice Practitioners

In this chapter, we identify and critically evaluate the kind of things that can go wrong in the criminal justice process and describe the institutional architecture used to regulate the actions and effects of criminal justice practitioners and to hold them to account. The focus of the chapter is on the organisational, legal and democratic regulatory and accountability mechanisms associated with the police, courts and CPS. Specifically the chapter covers: Police and Crime Commissioners; citizen- and volunteer-led forms of accountability/regulation; royal commissions, public inquiries and independent inquiries; police complaints processes and inspectorates; trial remedies and appeals; the Criminal Cases Review Commission; civil proceedings; inquests and Coronial Courts.

scholarly journals Co-authoring desistance narratives: Analysing interactions in groupwork for addressing sexual offending

2019 ◽  
pp. 174889581986310
Author(s):  
Eve Mullins ◽  
Steve Kirkwood
Keyword(s):  
Discourse Analysis ◽  
Criminal Justice ◽  
Conversation Analysis ◽  
Sexual Offending ◽  
Social Identities ◽  
Video Recordings ◽  
Research Interviews ◽  
Desistance From Crime ◽  
Criminal Justice Practitioners

Research and theory suggest that desistance narratives and pro-social identities are key to the process of desistance from crime. However, little research has examined how desistance narratives and related identities are produced in contexts other than research interviews or how core correctional skills intersect with the development of these narratives or identities. This study applies discourse analysis and conversation analysis to transcripts of 12 video-recordings of groupwork sessions for addressing sexual offending, examining how desistance narratives and identities are produced, and how practitioner skills and conversational styles intersect with their production. The analysis illustrates how criminal justice practitioners help to co-author desistance narratives through subtle and explicit aspects of interaction, although certain orientations to risk may limit this potential.

scholarly journals Traditional Criminal Law Existence in the Settlement of Criminal Action in the Environmental Field in Indonesia

2021 ◽  
Vol 12 (6) ◽  
pp. 1467-1478
Author(s):  
Mohamad Syarhan, Nyoman Serikat Putra Jaya, Bambang Hartono
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
Justice System ◽  
Judicial System ◽  
Illegal Logging ◽  
Legal Research ◽  
Management Tools ◽  
Criminal Sanctions ◽  
Fish Poisoning ◽  
Fish Poison

Many cases of environmental pollution and illegal logging have caused alarming damage to the environment. In the Law regarding Environmental Protection and Management, tools to protect the environment have been regulated. One of which is the application of criminal sanctions, but in Indonesia, some laws live in society, one of which is customary criminal law which can also solve criminal acts in the environmental sector. This research aims to analyze the existence of customary criminal law in the settlement of crimes in the environmental sector. This research is legal research with normative juridical research. The results of this study will be presented in descriptive form. The results showed that Hulsman said the criminal justice system had caused suffering because it could not work according to its objectives and did not carry out the principle of accountability. This judicial system had innate defects. In settlement of criminal acts in the environmental sector, examples of customary criminal law are the settlement of fish poisoning cases committed by some Paya Village Village residents. They use fish poison from plants (tuba), Lannet in the form of flour, Bistox in liquid, and Decis, which is liquid.

scholarly journals Pelaksanaan Asimilasi dalam Pembinaan Anak Negara di Lembaga Pemasyarakatan Karangasem

2020 ◽  
Vol 1 (1) ◽  
pp. 97-103
Author(s):  
I Made Satya Adhi Wicaksana ◽  
I Made Minggu Widyantara ◽  
I Pt Gd Seputra
Keyword(s):  
Criminal Justice ◽  
Professional Education ◽  
Correctional Institution ◽  
Legal Research ◽  
Or Education ◽  
Detention Centers ◽  
The Republic

Assimilation embodies the correctional principle which requires that prisoners not be separated from society. This assimilation was given in order to provide guidance for prisoners, provide skills or education for prisoners to prepare themselves to live independently in the community after being free to undergo criminal justice. Assimilation can allow providing opportunities for prisoners to be able  to  socialize  with  the  community  through  coaching,  as  well  as  activities carried out with the community. So that later when it is free to be able to return to the midst of society as part of the community and that is not less important, it can provide provision of education and skills that can be used in the community later. The formulation of the problem in this study is: how is the implementation of  assimilation  as  an  effort  to  foster  State  Children  in  the  Karangasem Correctional   Institution   and   what   obstacles   are   faced   in   implementing assimilation in the Karangasem Penitentiary. The type of research used in this study is empirical legal research. The results of the discussion in this study are as follows: Implementation of assimilation in the Karangasem Penitentiary based on the Decree of the Minister of Justice of the Republic of Indonesia Number M.01. PK.04-10 of 1999, and for prisoners related to drug cases, especially users, the coaching is carried out strictly, making it difficult to give assimilation efforts. The obstacles faced in the implementation of assimilation in the Karangasem Penitentiary include: the lack of officers of Karangasem prison institutions who have professional and professional education, lack of interest in serving people in Karangasem Prison, lack of implementing officers for prisoner training, experts are still less like psychiatrists, psychologists, sociologists, doctors and others according to the operational technical needs of Karangasem state detention centers.

scholarly journals INFRA PETITA PUTUSAN PENGADILAN TINDAK PIDANA KORUPSI YANG MENEROBOS KETENTUAN PEMIDANAAN MINIMUM

2018 ◽  
Vol 11 (2) ◽  
pp. 151
Author(s):  
Anshar Anshar ◽  
Suwito Suwito
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Research Method ◽  
Court Decision ◽  
Legal Research ◽  
Corruption Case

ABSTRAKPenanganan perkara tindak pidana korupsi menganut sistem pemidanaan minimum bagi pelaku yang diputus bersalah oleh pengadilan. Istilah ketentuan pidana minimum khusus secara normatif diatur dalam Pasal 2 ayat (1) Undang-Undang Nomor 31 Tahun 1999, sebagaimana telah diubah menjadi Undang-Undang Nomor 20 Tahun 2001 tentang Pemberantasan Tindak Pidana Korupsi. Pada tataran praktiknya terdapat fenomena adanya putusan pengadilan yang menerobos sistem pemidanaan minimum yang dianut tersebut. Salah satu contoh putusan pengadilan yang ditelaah dalam tulisan ini adalah Putusan Nomor 2399 K/PID.SUS/2010. Permasalahan yang timbul adalah apa saja yang menjadi landasan infra petita hakim dalam menjatuhkan putusan yang menerobos ketentuan pemidanaan minimum dalam perkara tindak pidana korupsi tersebut. Metode dalam penelitian ini menggunakan metode penelitian hukum normatif dengan menggunakan pendekatan undang-undang. Penulis berkesimpulan bahwa putusan pengadilan tindak pidana korupsi yang menerobos ketentuan pemidanaan minimum dalam Undang-Undang Pemberantasan Tindak Pidana Korupsi pada dasarnya diperbolehkan. Sepanjang putusan hakim yang infra petita tersebut memiliki esensi ratio legis yang kuat dan dapat dipertanggungjawabkan, atas dasar alasan pertimbangan nilai keadilan dan pertimbangan judex factie sebagaimana pada perkara a quo.Kata kunci: putusan, korupsi, pemidanaan minimum. ABSTRACT In the handling of a corruption case, mandatory minimum penalty is adopted in the criminal justice system for the offender who was found guilty by the court. The term ‘mandatory minimum penalty’ is normatively regulated in Article 2 paragraph (1) of Law Number 31 of 1999, as amended to Law Number 20 of 2001 concerning Corruption Eradication. In practice there is a phenomenon of a court decision breaching the adopted mandatory minimum penalty. One example of a court decision analyzed hereon is the Decision Number 2399 K/PID.SUS/2010. The arising problem is what the consideration of the judge is for infra petita in imposing decision which breached the mandatory minimum penalty provision in that corruption case. This research uses normative legal research method with legislation approach. It can be concluded that it is basically permissible in the corruption court’s decision to breach the minimum penalty provisions as stipulated in the Corruption Eradication Law. Provided that the judge’s decision of infra petita, is based on strong legislation ratio and can be accounted for, on the basis of justice value and judex factie considerations as in the a quo case. Keywords: court decision, corruption, minimum penalty.

scholarly journals Kebijakan Hukum Pidana dalam Penanggulangan Tindak Pidana Perdagangan Anak

2020 ◽  
Vol 1 (2) ◽  
pp. 374-378
Author(s):  
I Ketut Eka Yoga Juliantika ◽  
I Made Sepud ◽  
I Ketut Sukadana
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Child Protection ◽  
Justice System ◽  
Criminal Code ◽  
Trafficking In Persons ◽  
Legal Research ◽  
Child Trafficking ◽  
Procedure Code

Children are often victims of child trafficking crime. There are a lot of factors that support the crime of child trafficking, one of which is the lack of regulation on child trafficking. Based on this background, this research was conducted with the aim of describing how the regulation of child trafficking and how the criminal law policy against child trafficking. This research was designed using a normative legal research method. The results of this study indicated that the regulation of child trafficking is regulated in Law No. 21 of 2007 concerning the Eradication of the Crime of Trafficking in Persons, the Criminal Code (KUHP), namely Article 297, Article 301, Article 324, Article 328, and Article 330, RI Law No. 21 of 2007 concerning the Eradication of the Crime of Trafficking in Persons, Law No. 35 of 2014 on Amendments to Law no. 23 of 2002 concerning Child Protection, and Law no. 11 of 2012 concerning the Juvenile Criminal Justice System. Furthermore, the criminal law policy against child trafficking is regulated in the Criminal Code, the Criminal Procedure Code, Law no. 21 of 2007 concerning the Eradication of the Crime of Trafficking in Persons, Law no. 11 of 2012 concerning the Child Criminal Justice System, and Law no. 35 of 2014 concerning amendments to Law no. 23 of 2002 concerning Child Protection.

scholarly journals PENGGANTIAN BIAYA KEPADA SAKSI ATAU AHLI DALAM RANGKA MEMBERIKAN KETERANGAN DALAM SISTEM PERADILAN PIDANA (Studi Penelitian di Wilayah Hukum Pengadilan Negeri Takengon)

2021 ◽  
Vol 8 (2) ◽  
pp. 128
Author(s):  
Lisa Purba Hajini Purba ◽  
Sumiadi S ◽  
Yusrizal Y
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
District Court ◽  
Compensation Mechanism ◽  
Legal Research ◽  
Legal Norms ◽  
Procedure Code ◽  
The Law ◽  
The Cost

Summons of witnesses at each level of criminal case examination has consequences for the cost of attending the summons. So far, the provisions regarding the cost of summoning witnaesses and experts have been regulated in Article 229 of the Criminal Procedure Code and Law Number 13 of 2006 concerning Protection of Witnesses and Victims and Law Number 2 of 2002 concerning Procedures for Protection of Witnesses and Victims in Human rights violations, however, in reality the fees that have been regulated in the law are not fully provided to all witnesses and even if there are costs they are not up to standard and not optimal. These costs include accommodation costs, consumption costs, transportation costs and costs of reimbursing lost income due to having to attend calls. The purpose of this research is to find out and explain the compensation mechanism to witnesses or experts in order to differentiate information in the criminal justice system in the jurisdiction of the Takengon District Court and what are the obstacles in reimbursing costs to witnesses or experts in order to provide information in the criminal justice system in the region. the law of the Takengon District Court. This type of research is juridical empirical, that is, approaching the problem through legal research by looking at the prevailing legal norms and relating them to the facts that exist in society in connection with the problems encountered in the research.

scholarly journals KEBIJAKAN FORMULASI KEADILAN RESTORATIF DALAM SISTEM PERADILAN PIDANA ANAK

2013 ◽  
Vol 2 (3) ◽  
Author(s):  
I Made Wahyu Chandra Satriana
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Criminal Code ◽  
Policy Formulation ◽  
Scientific Journals ◽  
Legal Research ◽  
The Law ◽  
Basic Ideas

The discussion on this journal raised regarding policy formulation RestorativeJustice in the Criminal Justice System Children . The objectives of this research thatin order to properly analyze the basic ideas contained in restorative justice , to dowith children in conflict with the law and to analyze policy formulation set forth in the Law. 112012 on the Criminal Justice System Kids for restorative justice to children inconflict with the law . While this type of research used in scientific journals this isthe kind of normative legal research , because it is based on the assessment thatthere is a conflict between the norms of Law. 11 of 2012 on the Criminal JusticeSystem Children with the norms contained in the draft - Criminal Code ( CriminalCode ) . In this case the unlawful act committed by the child who has not reached theage of 18 (eighteen years ) diversion efforts which have the purpose for the creationof a balance between the interests of focus and attention to the perpetrator and thevictim also impact the completion of the criminal case that happens in thecommunity to ensure and protecting children and their rights in order to live , grow,develop and participate optimally in accordance with the dignity of humanity , aswell as protection from violence and discrimination .

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