Lawyers and children: Is there a need for mandatory legal assistance in suspect interviews?

2021 ◽  
Vol 23 (1) ◽  
pp. 55-72
Author(s):  
Hanne Schoovaerts ◽  
Miet Vanderhallen ◽  
Sara-Jane McIntyre
Keyword(s):  
Emotional Support ◽  
Information Gathering ◽  
Legal Assistance ◽  
Police Interviews ◽  
Procedural Safeguard ◽  
Mere Presence ◽  
The Law ◽  
Juvenile Suspects

In 2016, Belgium introduced legislation mandating legal assistance for juvenile suspects. However, legal assistance can only serve as an effective procedural safeguard if it is provided appropriately. The current study examined how lawyers in Belgium fulfil this role in practice. Seventeen video-recorded police interviews of juvenile suspects were observed. The juveniles were aged between 12 and 17 years, and were suspected of various less serious, volume crimes. The findings of this study show that the ‘law in action’ does not always reflect the ‘law in the books’. The mere presence of a lawyer is insufficient: it is necessary for them to actively engage. Although police interviewers typically adopt an information-gathering approach, some interviews do require the lawyer’s intervention to protect the juvenile’s interests. Moreover, lawyers often restrict themselves to ‘legal’ assistance and offer limited (emotional) support. Because there is no ‘appropriate adult’ regime in Belgium, lawyers could take up this double role. The information-gathering approach also seems to enhance cooperation between lawyer and interviewer, resulting in a joint search for the truth in which neither adopts an antagonistic role when interviews are conducted properly.

scholarly journals The End of Roman Juristic Writing

1995 ◽  
Vol 29 (1-2) ◽  
pp. 228-232 ◽  
Author(s):  
Alan Watson
Keyword(s):  
Emotional Support ◽  
Roman Law ◽  
Legal Standards ◽  
The Law

I first met Reuven Yaron in 1958, and we immediately became fast friends. The friendship with him and Shoshana has deepened over the years, and will continue. He and I have frequently read one another's draft papers. I thank him for many years of intellectual and emotional support, and hope he will take pleasure in this offering that he has had no possibility of criticising in advance.The traditional date for the end of classical Roman law is 235 when the emperor Alexander Severus was murdered, or slightly later with the death of Modestinus, the last of the great known jurists. Thereafter, few original juristic books were written, and it is widely but not universally believed that a decline in legal standards began almost at once.For many scholars there seems to exist a connection, sometimes simply implicit, between the failure of jurists to write new books, and a decline in legal standards. I should like to suggest there was a different reason for jurists ceasing to write new law books. They had already written them all! The claim that for the period, say fifty years, after around 235, all the law books had already been written seems extreme, but is easy to substantiate.

scholarly journals PENGEMBALIAN ASET TINDAK PIDANA KORUPSI PELAKU DAN AHLI WARISNYA MENURUT SISTEM HUKUM INDONESIA DALAM MEWUJUDKAN NEGARA HUKUM KESEJAHTERAAN

LITIGASI ◽  
2016 ◽  
Vol 16 (2) ◽  
Author(s):  
Haswandi Haswandi
Keyword(s):  
Law Enforcement ◽  
Welfare State ◽  
Legal Assistance ◽  
Mutual Legal Assistance ◽  
Civil Lawsuit ◽  
The Family ◽  
Asset Recovery ◽  
The Law ◽  
Close Relatives ◽  
Cover Up

Criminal laws regulating asset recovery of corruption today experience a paradigm oversight since it only relies on the money substitute in corruption under Article 18 of Law No. 31, 1999 concerning The Eradication of The Crime of Corruption as amended with the Law No. 20, 2001 in which asset recovery is addressed only to the convict. In fact, modus to cover up the proceed of corruption usually involves the family, close relatives or confidants including the heirs. The obstacle in recovering the asset is that civil lawsuit is not yet effective as the means to recover the asset, the organization of law enforcement, the ratification of 2003 UNCAC that is also not yet effectively implemented in Indonesian law, and the laws against corruption that are weak. Future concept of law in asset recovery of proceed of corruption by the culprit and the heirs in order to materialize a legal welfare state should at least done through progressive laws i.e. reformation of law, optimization of Mutual Legal Assistance, the widening of authority implemented by the Eradication Commission of Corruption in recovering the asset as the proceed of corruption, the strong inter-agency coordination of law enforcements, and the urgency to promulgate the Recovery Asset Act.Keyword: Recovery; Proceed of Corruption; HeirsABSTRAKPerangkat hukum pidana dalam mengembalikan aset hasil tindak pidana korupsi pada saat ini mengalami kekeliruan paradigma karena hanya mengandalkan uang pengganti kejahatan korupsi yang terkandung dalam Pasal 18 Undang-Undang Nomor 31 Tahun 1999 Tentang Pemberantasan Tindak Pidana Korupsi sebagaimana telah diubah dengan Undang-Undang Nomor 20 Tahun 2001, di mana Pengembalian harta atau kekayaan hanya ditujukan kepada terpidana. Padahal modus menyembunyikan harta kekayaan hasil korupsi biasanya dengan menggunakan sanak keluarga, kerabat dekat atau orang kepercayaannya termasuk para ahli warisnya. Hambatan pengembalian aset tindak pidana korupsi disebabkan belum efektifnya gugatan perdata sebagai sarana untuk mengembalikan aset hasil kejahatan korupsi, kelembagaan penegak hukum, belum efektifnya Ratifikasi UNCAC 2003 dilaksanakan dalam hukum Indonesia, serta kelemahan di ranah regulasi tindak pidana korupsi. Konsep hukum mendatang dalam pengembalian aset tindak pidana korupsi pelaku dan ahli warisnya dalam mewujudkan negara hukum kesejahteraan, setidaknya ditempuh dalam beberapa langkah hukum progresif, yakni perbaikan regulasi peraturan perundang-undangan, optimalisasi Bantuan Hukum Timbal Balik, Perluasan kewenangan Komisi Pemberantasan Korupsi dalam Pengembalian Aset hasil tindak pidana korupsi, Penguatan koordinasi antar lembaga penegak hukum, serta menyegerakan menyelesaikan Undang-Undang Pengembalian Aset.Kata Kunci: Pengembalian; Aset Korupsi; Ahli Waris 

scholarly journals How is Privacy perceived in German Police Law?

MaRBLe ◽  
2019 ◽  
Vol 2 ◽  
Author(s):  
Jonas Bradtke
Keyword(s):  
Information Processing ◽  
Information Gathering ◽  
Personal Privacy ◽  
The Law ◽  
Future Policy ◽  
The Individual ◽  
Privacy Risks

By December 2018, Germany’s biggest state, North-Rhine Westphalia (NRW) introduced its revised police law (PolG NRW). The PolG NRW enables previously forbidden surveillance practices to combat terrorism in Germany. Discussion surrounding the PolG NRW revolved around surveillance practices enabled through the law. By using a privacy taxonomy, developed by Daniel J. Solove (2010) this thesis has categorised, analysed and evaluated six sections of the PolG NRW with regards to infringements upon privacy. This thesis (1) identifies potentially harmful activities for personal privacy within the PolG NRW and (2) chases back shortcomings to an incomplete understanding of privacy. Thereby, this thesis suggests that future policy crafting must consider processes that follow the collection of information as potentially harmful activities. By limiting privacy risks to information gathering, activities that belong to information processing and distribution remain largely unregulated, putting the individual at serious risk.

scholarly journals Problems in Residential Tenancy Law Revealed by Holler v Osaki

2017 ◽  
Vol 48 (4) ◽  
pp. 497
Author(s):  
Mark Bennett
Keyword(s):  
Legal Assistance ◽  
Legal Rules ◽  
Financial Investments ◽  
Basic Need ◽  
The Law

This article argues that the recent series of judgments in the Holler v Osaki litigation reveals concerning features of our residential tenancy law contained in the Residential Tenancies Act 1986 and its application by the Tenancy Tribunal and the courts. The law relating to residential tenancies is important: it regulates both tenants' ability to access the basic need of shelter and to satisfy their desire for home, and the financial investments of landlords. It is meant to allow landlords and tenants to understand their rights and obligations so that they may apply the law to their situations without legal assistance. However, Holler v Osaki illustrates the vagueness and therefore uncertainty concerning key legal rules within the Act, which led to the pre-existing understanding of the law being upended and the paralysis of the Tenancy Tribunal's ability to deal with careless damage. This article also highlights inconsistencies in the decisions of Tenancy Tribunal adjudicators, who applied completely different interpretations of the law to substantially identical facts. 

scholarly journals KAJIAN YURIDIS UNDANG-UNDANG NOMOR 18 TAHUN 2017 TENTANG PELINDUNGAN PEKERJA MIGRAN INDONESIA

GANEC SWARA ◽  
2019 ◽  
Vol 13 (2) ◽  
pp. 230
Author(s):  
LELISARI LELISARI ◽  
IMAWANTO IMAWANTO ◽  
FAHRURROZI FAHRURROZI
Keyword(s):  
Migrant Workers ◽  
Research Method ◽  
Legal Assistance ◽  
Conceptual Approach ◽  
Government Regulations ◽  
The Law ◽  
Rubber Article

   Since the enactment of Law No. 18 of 2017 concerning the Protection of Indonesian Migrant Workers (PPMI Law), there is a new term as a substitute for Indonesian Labor (for the next term TKI) to become Indonesian Migrant Workers (hereinafter referred to as PMI). By carefully reading the law governing TKI or PMI, namely Law Number 18 of 2017 concerning PPMI, it is made to correct various weaknesses in Law No. 39 of 2004, in which the main objective is to improve the law. thus TKI or PMI are increasingly protected. In fact, this law also still has some weaknesses. The research objective is to analyze weaknesses in Law No. 18 of 2017 concerning PPMI. The method used is a normative juridical research method with a statute approach and a conceptual approach. From the results of the study, there are five weaknesses in the PPMI Law, namely: There is inconsistency in implementing the rules, the PPMI Law still holds potential institutional conflicts regarding the authority of Ministries and Institutions / Non-Ministerial Bodies in the management of migrant workers protection, Articles in the PPMI Law concerning coaching and supervision also has the potential to be a rubber article because it does not elaborate on what forms of supervision and supervision should be carried out. There is no specific article that affirms the specific needs of PMI protection (especially women) who work in the domestic sector. Regulations regarding legal assistance for PMI are not regulated in detail. As a suggestion to immediately revise the PPMI Law, then it must be guarded and completed 27 regulations derived from the mandate of the PPMI Law consisting of 12 Government Regulations, 11 Ministerial Regulations, 3 Agency Regulations and 1 Presidential Regulation

scholarly journals PASAL 54 KITAB UNDANG-UNDANG HUKUM ACARA PIDANA DALAM ELABORASI HUKUM PIDANA ISLAM

2021 ◽  
Vol 4 (1) ◽  
pp. 48-69
Author(s):  
Diah Ratri Oktavriana ◽  
Nasiri Nasiri
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Criminal Procedure ◽  
Legal Service ◽  
Legal Assistance ◽  
Legal Aid ◽  
Procedure Code ◽  
Criminal Procedure Law ◽  
The Law ◽  
The Right

This research is a normative research. One of the fulfillment of human rights is justice in equalizing the position of every citizen before the law, as stated in Article 27 paragraph (1) of the 1945 Constitution of the Republic of Indonesia. The right to equality before the law or what is commonly referred to as equality before the law is a principle that provides recognition and protection of human rights for every individual regardless of one's background. Therefore, it is true that Law Number 16 of 2011 concerning Legal Aid for People Who Are Less Capable to Guarantee Constitutional Rights of Citizens for Justice and Equality before the Law emerged. Legal aid is a legal service provided by advocates to the community seeking justice In the realm of criminal cases, the provision of legal assistance is described in Article 54 of the Criminal Procedure Code which explains that in the interests of defense, a suspect or defendant has the right to receive legal assistance from one or more legal advisers during the time and at each level of examination. The provision of legal assistance must be based on the principle of equality before the law as stated in the explanation of Law Number 8 of 1981 concerning Criminal Procedure Law. From the various analyzes that have been carried out, in the perspective of Islamic criminal law it can be concluded that the principle of equality before the law as described in Article 54 of the Criminal Procedure Code is equivalent to an order to provide legal aid which in Islamic criminal law is spelled out in Surah Al-Maidah verse 2 which states that as a fellow humans are ordered to help each other as a form of horizontal worship to fellow humans (habl minan-nas). In addition there are many more both in the Al Qur'an and the hadith of the prophet regarding the application of the principle of equality before the law.

scholarly journals Regional Legal Assistance

Rechtsidee ◽  
2015 ◽  
Vol 2 (1) ◽  
pp. 1
Author(s):  
Abdul Fatah
Keyword(s):  
Public Awareness ◽  
Access To Justice ◽  
Legal Assistance ◽  
Legal Counsel ◽  
Legal Aid ◽  
Equitable Distribution ◽  
Legal Implications ◽  
The Law ◽  
The Right ◽  
Aid Policy

Legal aid policy in the area carried out on several considerations including: Implementation of the authority given to the legal aid act, granting the guarantee and protection of access to justice and equality before the law in the area, equitable distribution of justice and increase public awareness and understanding of the law, and legal implications that accompanied the emergence of the right to legal counsel without pay and the right to choose the legal settlement. How To Cite Fatah, A. (2015). Regional Legal Assistance. Rechtsidee, 2(1), 1-10. doi:http://dx.doi.org/10.21070/jihr.v2i1.7

scholarly journals The Existence of the State's Role in Providing Prodeo Legal Aid to Citizens Who Are Not Able Based on Law Number 16 of 2011

2020 ◽  
Vol 2 (2) ◽  
pp. 111-128
Author(s):  
Helmy Yahya Rahma Aji ◽  
Raden Muhammad Arvy Ilyasa
Keyword(s):  
The State ◽  
Equal Treatment ◽  
Access To Justice ◽  
Legal Service ◽  
Constitutional Rights ◽  
Legal Assistance ◽  
Legal Aid ◽  
Protection Of Human Rights ◽  
The Law ◽  
Constitutional Right

Indonesia as a state of the law has guaranteed the constitutional rights of each of its citizens without exception as a form of protection of human rights contained in Article 1 paragraph (3) of the 1945 Constitution. Providing legal assistance to citizens who are unable as constitutional rights of every citizen and the State is obliged to protect the constitutional rights regarding obtaining guarantees, protections, and certainty of law that is fair and equal treatment before the law. Legal aid legally in Law Number 16 of 2011 is a legal service free of charge to legal aid recipients. The thing that becomes the basis for the provision of legal assistance by the State is because the State is responsible for providing legal assistance to disadvantaged citizens as a form of access to justice and equality before the law. The state has a role in terms of establishing regulations as the legal basis for implementing legal assistance for disadvantaged citizens. But in reality, in the development of legal aid, there are several problems between legal aid providers (advocates) and the State as a guarantor of the constitutional right to the realization of justice and equality before the law for every Indonesian citizen, including the poor.

scholarly journals Categorical and Vague Claims that Criminal Activity is Afoot

2015 ◽  
Vol 2 (3) ◽  
pp. 559-580
Author(s):  
Andrew Dammann
Keyword(s):  
New York ◽  
Criminal Activity ◽  
Difficult Problem ◽  
City Councils ◽  
Stop And Frisk ◽  
Reasonable Suspicion ◽  
Mere Presence ◽  
The Law ◽  
High Crime ◽  
Police Commissioner

In Illinois v. Wardlow, the Supreme Court announced that mere presence in a high-crime area is a constitutionally significant factor for deciding if there is the necessary reasonable suspicion that criminal activity is afoot in order to justify a stop and frisk. Relying in part on the constitutional significance Wardlow attached to the vague term high-crime area, New York instituted an aggressive stop-and-frisk policy to combat crime and make New York a safer city. New York was sued under 42 U.S.C. § 1983 in Floyd v. City of New York. New York’s appeal was dropped when new mayor Bill de Blasio agreed to the remedies outlined in the Floyd opinion. At the press conference where Mayor de Blasio announced the settlement that dropped the appeal, Police Commissioner William Bratton said, “[W]e will not break the law to enforce the law.” This Article asserts that enforcing the law without breaking it becomes impossibly problematic when the law is as uncertain as it is with high-crime areas. This Article begins with a critique of the uncertainty created by attaching constitutional significance to high-crime areas without defining or describing what a high-crime area is. The Article urges city councils and other appropriate legislatures to designate which areas are high-crime areas. It argues that such a designation would foreclose the difficult problem of municipal liability that Judge Scheindlin grappled with in Floyd, that legislative designations of high-crime areas square with Fourth Amendment principles, and that legislatures, not executive auxiliaries like police departments, are the proper governmental bodies to make that designation.

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