The Right to a Good Defense: Investigating the Influence of Attorney Type Across Urban Counties for Juveniles in Criminal Court

2020 ◽  
pp. 088740342090337
Author(s):  
Steven N. Zane ◽  
Simon I. Singer ◽  
Brandon C. Welsh
Keyword(s):  
Criminal Court ◽  
Vulnerable Group ◽  
Legal Representation ◽  
Public Defenders ◽  
The Government ◽  
Using Data ◽  
The Right ◽  
Sentencing Outcomes

Juvenile defendants in criminal court represent an especially vulnerable group for whom quality legal representation is critical. While some juvenile defendants are able to obtain private counsel, indigent defendants are provided an attorney by the government. One long-standing concern is that these court-appointed attorneys are less effective. Using data on juveniles in criminal court across 37 large, urban counties, the present study examines conviction and sentencing outcomes by comparing private counsel, public defenders, and assigned counsel. Results indicate that defendants with public defenders were less likely to be convicted, less likely to be incarcerated in prison, and served shorter prison sentences compared to defendants with assigned counsel. Contrary to hypotheses, however, the effect of attorney type was not conditioned by court urbanism. The findings suggest that public defenders provide effective legal representation for juveniles in criminal court. Research is needed to determine whether this holds across different contexts (e.g., rural).

scholarly journals Victim’s Right of Access to International Criminal Courts

2016 ◽  
Vol 10 (1) ◽  
pp. 279
Author(s):  
Fazlollah Foroughi ◽  
Zahra Dastan
Keyword(s):  
International Law ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
International Level ◽  
Human Beings ◽  
International Crimes ◽  
The Government ◽  
The Right ◽  
Right Of Access

Due to quantitative expansion and evolution in committing the crime at the international level, the scope of criminal proceedings has been widened significantly. Tolerance and forgiveness towards crimes that happen at international level not only is a double oppression on the victims, but also provide a fertile context for others to commit crimes more daringly. Thus, it is essential that international criminals are held accountable to the law and competent institution, and the realization of this issue leads to the victim satisfaction in international law. Not only in international law, but also in domestic law, show respect and protection of human rights is effective only when there is an effective justice system to guarantee the rights. Although some international crimes practically occur by the government or at least high-ranking government officials, the Statute of the International Criminal Court has reiterated this point that they only have jurisdiction over the crimes committed by natural persons rather than legal entities, which one good example is governments, and although the real victims of these crimes have been human beings, in the case of action and referring the case to the competent international courts, these are the states (rather than the victims) that actually have the right of access to the authorities and not beneficiaries .Thus, at the first step, we should see whether the Court has jurisdiction over the crime committed by the government and whether people can file an action independently in the International Criminal Court or not? When people, rather than governments, are beneficiaries in some international crimes, why only the government and not the people is the plaintiff? And what is the right of the victim in such category of crimes? Accordingly, the current research seeks to examine these rights and restrictions, and relevant limitations.

scholarly journals Implementation of Smart Governance in Realizing Tomohon Smart City

2020 ◽  
pp. 437
Author(s):  
Marthinus M. Mandagi ◽  
Jeane Mantiri ◽  
Sisca B. Kairupan
Keyword(s):  
Smart City ◽  
Application Development ◽  
Development Section ◽  
Government Data ◽  
The Government ◽  
Communication And Coordination ◽  
Using Data ◽  
Smart Governance ◽  
Technology And Communication ◽  
The Right

This study aims to describe the implementation of smart governance in realizing Tomohon Smart City. This study used a qualitative approach, with data collection techniques, namely interviews, observation and documentation. Sources of data from informants are: Head of Tomohon City E-Government Administration, Tomohon City Technology and Communication Infrastructure Section Head, Tomohon City Application Development Section Head, Tomohon City Communication and Informatics Office Staff / Staff, Matani Village Head, and Tomohon City community as users infrastructure and facilities provided by the government. Data analysis using data reduction, data presentation, and drawing conclusions. Data were analyzed descriptively qualitatively. The results showed that: 1) The rules governing the running of the program or policy have not been well socialized and communicated, especially in agencies that have a role as implementers. 2) The government, in this case the Tomohon City Information and Communication Service, is still closed in providing information related to Smart City, especially Smart Governance. 3) The government has not yet launched a public complaint application even though it has been launched since 4) The government is still not ready to respond to existing technological and social developments, especially in the process of implementing Smart Governance. The Conditional Factors of Policy Implementation are a) Information Distribution, b) Resource Support, c) Government Attitude, d) Implementers. Therefore, it can be suggested, 1) There is a need for better socialization, communication and coordination regarding existing regulations to members and related agencies. 2) The government must be more open to the public, and must better prepare itself in responding to all situations and conditions that exist, especially in running the Tomohon Smart City program. 3) The government must improve work discipline, especially in the recruitment process, in order to create "the right man on the right job".

scholarly journals Legal Protection Againts Violations of Human Rights That Abuse Uighur Ethnic Women in China

2021 ◽  
pp. 33-48
Author(s):  
Endah Rantau Itasari ◽  
Dewa Gede Sudika Mangku
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
Criminal Court ◽  
Universal Declaration ◽  
Human Rights Violations ◽  
International Human Rights ◽  
International Human ◽  
The Government ◽  
The Right ◽  
Settlement Of Disputes

The purpose of this research is to respect the legal protection of ethnic Uighur women in Xinjiang, China from the perspective of International Human Rights and to find out and study the resolution of cases of serious international human rights violations against ethnic Uighur women in Xinjiang, China. Legal protection for women of Uighur ethnicity is based on articles 3,4,5,9,10,11, the Universal Declaration of Human Rights, namely by providing protection in the form of protection of the right to life, the rights to freedom, and the right to personal security, and others that are regulated in international legal instruments. 2) Serious human rights violations committed by the government of Xinjiang, China are not justified by international law because they violate the provisions stipulated in the subsequent Universal Declaration of Human Rights for the incidents of human rights violations, so the settlement of disputes between the two parties is carried out by negotiation or mediation. first. If this method is not effective, the UN Security Council can submit the case to an international court such as the International Criminal Court as regulated in article 1 of the 1998 Rome Statute.

scholarly journals UPAYA PEMERINTAH DALAM MENANGANI BENCANA ALAM TANAH LONGSOR Studi Kasus di Desa Cihanjuang Kecamatan Cimanggung Kabupaten Sumedang

2021 ◽  
Vol 3 (1) ◽  
pp. 43-54
Author(s):  
Dinda Farras Haniya
Keyword(s):  
Drainage System ◽  
Secondary Data ◽  
Depth Study ◽  
The Government ◽  
Using Data ◽  
The Right ◽  
Role Of The Government ◽  
Steep Slopes ◽  
Landslide Disaster

Indonesia is famous for its areas that are prone to landslides. For example, in Cihanjuang Village, Cimanggung District, Sumedang Regency, which in early 2021 had experienced a serious landslide disaster. This landslide phenomenon requires an in-depth study so that the arrangement and management is carried out appropriately, where the role of the government here is very large to be able to take the right policy on this problem. Thus, the purpose of this paper is to determine the cause of the landslide disaster and to identify and analyze the government's efforts in dealing with the landslide disaster. This paper uses descriptive qualitative research methods using data derived from secondary data. Based on the results, it was found that the landslide that occurred in Cihanjuang Village was caused by high rainfall, steep slopes, poor drainage system and lack of vegetation. However, the government already has several efforts to be undertaken, including long-term, short-term post-disaster and mitigation. Based on the analysis that has been made, the recommendations for this problem are increasing awareness and socialization for the community, increasing mitigation and monitoring the policy that have been made.

scholarly journals Pemenuhan Hak-Hak Pekerja Migran asal Sulawesi Selatan di Malaysia dalam Perspektif Ekonomi Politik

2019 ◽  
Author(s):  
Achmad Zulfikar
Keyword(s):  
Migrant Workers ◽  
Study Approach ◽  
South Sulawesi ◽  
Library Research ◽  
The Republic ◽  
The Government ◽  
Using Data ◽  
The Right ◽  
Economic Improvement

Hak untuk bekerja harus dipenuhi oleh pemerintah sebagai tanggungjawab atas jaminan HAM warga negara sesuai UUD NRI 1945 pasal 27 ayat (2). Penelitian ini bertujuan menggambarkan pemenuhan hak-hak pekerja migran asal Sulawesi Selatan di Malaysia berdasarkan UU No. 39 Tahun 2004 pada masa pra-penempatan dam masa penempatan. Penelitian ini dilaksanakan di Provinsi Sulawesi Selatan, Indonesia dan Tawau, Sabah, Malaysia. Metode yang digunakan adalah kualitatif dengan pendekatan studi kasus. Data diperoleh melalui wawancara dan studi pustaka. Data dianalisis menggunakan teknik reduksi data, penyajian data dan penarikan kesimpulan. Hasil penelitian menunjukkan bahwa pemenuhan hak-hak pekerja migran asal Sulawesi Selatan di Malaysia pada masa pra-penempatan dan masa penempatan yang dilaksanakan dengan benar akan signifikan bagi peningkatan ekonomi tenaga kerja Indonesia/pekerja migran Indonesia (TKI/PMI), negara penempatan (Malaysia) dan negara asal (Indonesia). Semakin tinggi tingkat pemahaman seseorang terkait prosedur yang legal, semakin berkurang TKI/PMI yang menempuh jalur ilegal/non-proseduralThe right to work has to be fulfilled by the government as the responsibility for the human rights guarantees for citizens according The 1945 Constitution of the Republic of Indonesia (UUD NRI 1945) article 27 section (2). The aims of this research were to describe and analyze rights fulfillment of migrant workers from South Sulawesi in Malaysia based on Regulations No. 39 Year 2004 on pre-placement phase and on placement phase. The research was carried out in South Sulawesi Province of Indonesia and Tawau, Sabah, Malaysia. The research employed a qualitative method and a case study approach. Data were gathered through interviews and library research. Data were analyzed using data reduction, data presentation, and conclusion drawing. The results showed that the right fulfillment of migrant workers from South Sulawesi in Malaysia both during pre-placement and after placement contributed significantly to economic improvement benefited both Indonesia as supplying country and Malaysia as placement country. The better the awareness regarding legal procedure the smaller chance for the migrants/workers to make use of illegal procedure.

Free Justice

2020 ◽  
Author(s):  
Sara Mayeux
Keyword(s):  
Legal Profession ◽  
The United States ◽  
Public Defender ◽  
Deep Roots ◽  
Public Defenders ◽  
The Public ◽  
The Government ◽  
The 1960S ◽  
The Right ◽  
Corporate Lawyers

Every day, in courtrooms around the United States, thousands of criminal defendants are represented by public defenders--lawyers provided by the government for those who cannot afford private counsel. Though often taken for granted, the modern American public defender has a surprisingly contentious history--one that offers insights not only about the "carceral state," but also about the contours and compromises of twentieth-century liberalism. First gaining appeal amidst the Progressive Era fervor for court reform, the public defender idea was swiftly quashed by elite corporate lawyers who believed the legal profession should remain independent from the state. Public defenders took hold in some localities but not yet as a nationwide standard. By the 1960s, views had shifted. Gideon v. Wainwright enshrined the right to counsel into law and the legal profession mobilized to expand the ranks of public defenders nationwide. Yet within a few years, lawyers had already diagnosed a "crisis" of underfunded, overworked defenders providing inadequate representation--a crisis that persists today. This book shows how these conditions, often attributed to recent fiscal emergencies, have deep roots, and it chronicles the intertwined histories of constitutional doctrine, big philanthropy, professional in-fighting, and Cold War culture that made public defenders ubiquitous but embattled figures in American courtrooms.

scholarly journals The Role of Parents in Optimizing Gadgets for Childrens Learning During the COVID-19 Pandemic

2021 ◽  
pp. 133-147
Author(s):  
Intan Nur Azizah
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
Criminal Court ◽  
Universal Declaration ◽  
Human Rights Violations ◽  
International Human Rights ◽  
International Human ◽  
The Government ◽  
Role Of Parents ◽  
The Right

The purpose of this research is to respect the legal protection of ethnic Uighur women in Xinjiang, China from the perspective of International Human Rights and to find out and study the resolution of cases of serious international human rights violations against ethnic Uighur women in Xinjiang, China. Legal protection for women of Uighur ethnicity is based on articles 3,4,5,9,10,11, the Universal Declaration of Human Rights, namely by providing protection in the form of protection of the right to life, the rights to freedom, and the right to personal security, and others that are regulated in international legal instruments. 2) Serious human rights violations committed by the government of Xinjiang, China are not justified by international law because they violate the provisions stipulated in the subsequent Universal Declaration of Human Rights for the incidents of human rights violations, so the settlement of disputes between the two parties is carried out by negotiation or mediation. If this method is not effective, the UN Security Council can submit the case to an international court such as the International Criminal Court as regulated in article 1 of the 1998 Rome Statute.

Nazistowski mord na Żydach w prasie polskich komunistów (1942–1944).

2006 ◽  
pp. 54-75
Author(s):  
Klaus Peter Friedrich
Keyword(s):  
Shared Responsibility ◽  
The Political ◽  
Right Wing ◽  
Social Democrats ◽  
The Social ◽  
The Government ◽  
Post War ◽  
Polish Government ◽  
The Right ◽  
Political Right

Facing the decisive struggle between Nazism and Soviet communism for dominance in Europe, in 1942/43 Polish communists sojourning in the USSR espoused anti-German concepts of the political right. Their aim was an ethnic Polish ‘national communism’. Meanwhile, the Polish Workers’ Party in the occupied country advocated a maximum intensification of civilian resistance and partisan struggle. In this context, commentaries on the Nazi judeocide were an important element in their endeavors to influence the prevailing mood in the country: The underground communist press often pointed to the fate of the murdered Jews as a warning in order to make it clear to the Polish population where a deficient lack of resistance could lead. However, an agreed, unconditional Polish and Jewish armed resistance did not come about. At the same time, the communist press constantly expanded its demagogic confrontation with Polish “reactionaries” and accused them of shared responsibility for the Nazi murder of the Jews, while the Polish government (in London) was attacked for its failure. This antagonism was intensified in the fierce dispute between the Polish and Soviet governments after the rift which followed revelations about the Katyn massacre. Now the communist propaganda image of the enemy came to the fore in respect to the government and its representatives in occupied Poland. It viewed the government-in-exile as being allied with the “reactionaries,” indifferent to the murder of the Jews, and thus acting ultimately on behalf of Nazi German policy. The communists denounced the real and supposed antisemitism of their adversaries more and more bluntly. In view of their political isolation, they coupled them together, in an undifferentiated manner, extending from the right-wing radical ONR to the social democrats and the other parties represented in the underground parliament loyal to the London based Polish government. Thereby communist propaganda tried to discredit their opponents and to justify the need for a new start in a post-war Poland whose fate should be shaped by the revolutionary left. They were thus paving the way for the ultimate communist takeover

THE IDEA OF «COMMUNITY» IN THE GOVERNMENT CONCEPTS OF GALICIA OF THE XIX – BEGINNING OF THE XX CENTURY

2019 ◽  
pp. 15-21
Author(s):  
Liubomyr Ilyn
Keyword(s):  
Nineteenth Century ◽  
19Th Century ◽  
Practical Significance ◽  
Distinctive Features ◽  
Legal Studies ◽  
Legal Principle ◽  
General Scientific ◽  
The Government ◽  
The Right ◽  
The 19Th Century

Purpose. The purpose of the article is to analyze and systematize the views of social and political thinkers of Galicia in the 19th - beginning of the 20th centuries. on the right and manner of organizing a nation-state as a cathedral. Method. The methodology includes a set of general scientific, special legal, special historical and philosophical methods of scientific knowledge, as well as the principles of objectivity, historicism, systematic and comprehensive. The problem-chronological approach made it possible to identify the main stages of the evolution of the content of the idea of catholicity in Galicia's legal thought of the 19th century. Results. It is established that the idea of catholicity, which was borrowed from church terminology, during the nineteenth century. acquired clear legal and philosophical features that turned it into an effective principle of achieving state unity and integrity. For the Ukrainian statesmen of the 19th century. the idea of catholicity became fundamental in view of the separation of Ukrainians between the Russian and Austro-Hungarian empires. The idea of unity of Ukrainians of Galicia and the Dnieper region, formulated for the first time by the members of the Russian Trinity, underwent a long evolution and received theoretical reflection in the work of Bachynsky's «Ukraine irredenta». It is established that catholicity should be understood as a legal principle, according to which decisions are made in dialogue, by consensus, and thus able to satisfy the absolute majority of citizens of the state. For Galician Ukrainians, the principle of unity in the nineteenth century. implemented through the prism of «state» and «international» approaches. Scientific novelty. The main stages of formation and development of the idea of catholicity in the views of social and political figures of Halychyna of the XIX – beginning of the XX centuries are highlighted in the work. and highlighting the distinctive features of «national statehood» that they promoted and understood as possible in the process of unification of Ukrainian lands into one state. Practical significance. The results of the study can be used in further historical and legal studies, preparation of special courses.

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