scholarly journals The Economics of Rights: Does the Right to Counsel Increase Crime?

2017 ◽  
Vol 9 (2) ◽  
pp. 1-27 ◽  
Author(s):  
Itai Ater ◽  
Yehonatan Givati ◽  
Oren Rigbi
Keyword(s):  
Legal Reform ◽  
Legal Counsel ◽  
The Right

We examine the broad consequences of the right to counsel by exploiting a legal reform in Israel that extended the right to publicly provided legal counsel to suspects in arrest proceedings. Using the staggered regional rollout of the reform, we find that the reform reduced arrest duration and the likelihood of arrestees being charged. We also find that the reform reduced the number of arrests made by the police. Lastly, we find that the reform increased crime. These findings indicate that the right to counsel improves suspects ' situation, but discourages the police from making arrests, which results in higher crime. (JEL K10, K41, K42)

THE ADJUDICATION OF HOMICIDE IN COLONIAL GHANA: THE IMPACT OF THE KNOWLES MURDER CASE

2011 ◽  
Vol 52 (1) ◽  
pp. 85-104 ◽  
Author(s):  
ROGER GOCKING
Keyword(s):  
Criminal Justice ◽  
Gold Coast ◽  
The Other ◽  
Government Official ◽  
Jury Trial ◽  
Legal Counsel ◽  
Capital Crimes ◽  
The Right ◽  
Colonial Government ◽  
The Impact

ABSTRACTIn keeping with the law in place in the Colony of Ashanti in 1928, Dr Benjamin Knowles was tried and convicted for the murder of his wife without the benefit of a jury trial or the assistance of legal counsel. His trial and sentencing to death created outrage in both colonial Ghana and the metropole, and placed a spotlight on the adjudication of capital crimes in the colony. Inevitably, there were calls for reform of a system that could condemn an English government official to death without the benefit of the right to trial by a jury of his peers and counsel of his choice. Shortly after the Knowles trial, the colonial government did open up Ashanti to lawyers, and introduced other changes in the administration of criminal justice, but continued to refuse the introduction of jury trial. Nevertheless, the lasting impact of the Knowles trial was to make criminal adjudication in Ashanti, if anything, more lenient than the other area of colonial Ghana, the Gold Coast Colony.

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

Heckler’s Veto

2020 ◽  
pp. 220-232
Author(s):  
Rodney A. Smolla
Keyword(s):  
First Amendment ◽  
Free Speech ◽  
Legal Counsel ◽  
City Manager ◽  
Modern Times ◽  
The Right ◽  
The City

This chapter draws attention to Craig Brown and Lisa Robertson, who were the principal in-house lawyers providing legal counsel to the city manager and council of Charlottesville. It investigates Brown and Robertson's view that any attempt at outright cancellation of the Unite the Right rally would be immediately overturned by courts as a violation of the First Amendment. It also explains “heckler's veto” as a free speech jurisprudence that raises the rhetoric of defiance and confrontation that could help counterprotesters to shut down the rally. The chapter discusses the First Amendment in modern times that generally stands against acceding to the power of heckling counterprotesters in order to cease messages with which they disagree. It clarifies that when hecklers and protesters gather to express their disagreement with a speaker's message, the rights of that speaker are in tension.

Courts, the Law, and LGBT Politics in India

2020 ◽  
Author(s):  
Saatvika Rai
Keyword(s):  
Supreme Court ◽  
Legal Reform ◽  
Well Being ◽  
Legal Rights ◽  
Lgbt Rights ◽  
High Court ◽  
The Supreme Court ◽  
Lgbt Community ◽  
The Right ◽  
Hiv Aids

In India, Section 377 of the Indian Penal Code (IPC) criminalized sodomy (penile nonvaginal sexual acts) in 1860 during British colonial rule. Under this law and the traditional cultural norms, the LGBT community faced harassment and violence from the police, medical establishment, religious and conservative organizations, and families. The Indian queer movement mobilized in the early 1990s, primarily through activism for legal reform. Criminalization of sodomy prevented the LGBT community from freely mobilizing in public spaces, reporting acts of violence and harassment, and coming forth for testing and treatment of HIV/AIDS, and therefore was an impediment to their health and well-being. LGBT rights groups challenged the constitutionality of Section 377 on the basis of violating the right to equity (Article 14), nondiscrimination (Article 15), freedom (Article 19), and life and privacy (Article 21). Decriminalization of Section 377 has been a long, three-decade battle in the courts involving multiple judicial rulings. In 2009, the Delhi High Court decriminalized sodomy and declared Section 377 unconstitutional. The ruling was challenged by conservative and religious groups in the Supreme Court for going against social norms, threatening the institution of marriage, and promoting homosexual practices that would increase the spread of HIV/AIDS. In 2013, the Supreme Court heard the case, overturned the High Court ruling, and recriminalized Section 377. The Court declared that Section 377 was constitutional and applied equally to all persons. Thereafter, the Supreme Court passed three other judgments that directly impacted Section 377: It expanded the rape laws under Section 375 of the IPC to include penile nonvaginal acts (2013), provided legal rights to the transgender community as a nonbinary third gender (2014), and established the right to privacy under the Constitution (2017). The Supreme Court reassessed its decision, and on September 6, 2018, decriminalized Section 377 in a historic judgment. Legalizing queer sexuality was a positive step forward., yet considerable legal reform is still needed. The LGBT community still lack civil rights such as marriage, adoption, tax benefits, inheritance, and protection in the workplace. LGBT rights mobilization through the Indian courts has evolved from a focus on HIV/AIDS and health to broader human rights and privileges as equal citizens.

Miscarriage of Justice and the Right to Representation

1997 ◽  
Vol 31 (1-3) ◽  
pp. 612-644
Author(s):  
Kenneth Mann
Keyword(s):  
Criminal Procedure ◽  
The United States ◽  
Legal Counsel ◽  
Criminal Cases ◽  
Criminal Trials ◽  
Policy Makers ◽  
Modern System ◽  
The Right ◽  
Public Entity ◽  
Miscarriage Of Justice

In modern criminal procedure it is generally held that reliability of results and basic fairness in criminal trials require that a defendant have legal counsel. Prevention of miscarriage of justice is tied closely, in the minds of policy makers and judges, with vigorous representation by competent counsel. As against these presuppositions how should one understand a modern system of criminal procedure, such as that in Israel, that does not have a broad right of representation for suspects or defendants in criminal cases?It is by now axiomatic in England and the United States that nearly all defendants in criminal cases have a right to representation. This right encompasses not just the opportunity to bring one's privately retained counsel to court, but also an irrebuttable claim by indigents to have the counsel's bill paid by the state or other public entity. The right to counsel is a broad right, entailing a principle of equality in which representation by counsel is independent of the defendant's ability to pay. In Israel, in contrast, the right to representation in criminal cases is significantly narrower.

scholarly journals PELAKSANAAN PENYIDIKAN TERHADAP ANAK YANG TERLIBAT DALAM TRANSAKSI NARKOTIKA

2020 ◽  
Vol 5 (2) ◽  
pp. 275
Author(s):  
Ana Ramadhona
Keyword(s):  
Criminal Justice ◽  
Drug Use ◽  
Justice System ◽  
Secondary Data ◽  
Primary Data ◽  
National Society ◽  
Legal Counsel ◽  
Case File ◽  
Procedural Code ◽  
The Right

One crime that often occurs in Indonesia is drug use. Protection of children in a national society is a benchmark of the nation's civilization, so it must be pursued in accordance with the abilities of the  nation. The study was conducted by using an empirical juridical approach. The data used are primary data obtained by interview and secondary data obtained through literature studies. The results of the study are described as follows: As for the implementation of investigations against children involved in narcotics transactions in the jurisdiction of Payakumbuh Police conducted by investigators basically in accordance with the Criminal Procedural Code and Law Number 11 Year 2012 Concerning the Criminal Justice System that applies even though in its implementation it has not maximize due to some limitations. The rights granted to child as suspects are also given in the form of rights avoided from acts of violence, accompanied by legal counsel and social guidance, the right to express opinions, views freely, receive care and welfare, and the right to be treated equally, Obstacles arising in investigations of children involved in Narcotics transactions in the Payakumbuh Police jurisdiction, including the time to detain children is very limited, namely seven days and can be extended eight days so that investigators must be extra fast to be able to complete the case file, should conduct an examination at the BPOM Padang laboratory. It must be also delivered and picked up by investigators and wait for the results of BAPAS research on the child concerned, and the absence of special investigators for children.

scholarly journals The Right to Interpretation and Translation in Criminal Proceedings – Challenges and Difficulties Stemming from the Implementation of the Directive 2010/64/EU

2019 ◽  
Vol 9 (2) ◽  
pp. 175-186
Author(s):  
Maciej Fingas
Keyword(s):  
Criminal Trial ◽  
Practical Implementation ◽  
Legal Counsel ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Member States ◽  
Modern Europe ◽  
The Right

In modern Europe issues related to the obligation to ensure the right to fair criminal trial for persons who do not speak or understand the language of the criminal proceedings are still pressing. The article discusses main problems stemming from the implementation of Directive 2010/64/EU, especially issues connected with: the scope of and exceptions to the right to written translation of essential documents, the problem of translation of all procedural applications submitted by the accused himself in a language other than the language of the court, the obligation to make available interpretation during communication between the accused and his legal counsel under confidentiality conditions, and - last but not least - professional qualifications of interpreters and translators providing assistance in criminal cases. The article points out that the glaring discrepancies among Member States in the legal and practical implementation of the right to interpretation and translation may result in divergent procedural standard in individual cases, depending on the location of the criminal proceedings.

scholarly journals OPTIMIZING RESTORATIVE JUSTICE PROGRAM FOR THE BEST INTEREST OF THE CHILDREN IN REFORMING JUVENILE JUSTICE SYSTEM IN UTAH

2019 ◽  
Vol 27 (2) ◽  
pp. 242
Author(s):  
Cekli S Pratiwi
Keyword(s):  
Juvenile Justice ◽  
Restorative Justice ◽  
Justice System ◽  
Juvenile Justice System ◽  
Constitutional Rights ◽  
Legal Counsel ◽  
Best Interest ◽  
Justice Program ◽  
The Right ◽  
Special Protection

This study examine first, to what extent the fully restorative justice system could be implemented in the Utah’s JJS  and supported by the legislations so that the minor can enjoy a special protection while they still have the opportunity to participate actively with accountability in solving the problem  without destroy their freedom and dignity and can bring more benefit to their best interest. Second, to what extent the right to legal counsel could help the minor to enjoy their constitutional rights as well as to seek a better solution of their problem. The research done by observing the review hearing, pre-trial, petition, trial at the Fourth Judicial District Courthouse Provo and the detention hearing at Slate Canyon Youth Center. The data is also collected from various secondary resources such as the Utah Statutes, the international and regional instruments. There is an opportunity for the JJS Utah county to shift from applying the partly to the fully RJP specially for truancy or misdemeanor cases and the right to access public defender should be automatically granted to the minors.

Mandatory Representation by an Attorney or Legal Counsel and Access to the Courts in Civil Cases

2019 ◽  
Vol 81 ◽  
pp. 247-266
Author(s):  
Kinga Flaga-Gieruszyńska
Keyword(s):  
Legal System ◽  
Legal Counsel ◽  
Legal Aid ◽  
Effective Implementation ◽  
Starting Point ◽  
Scope Of Application ◽  
Civil Cases ◽  
The Right

The text discusses the problem of mandatory representation by a lawyer as one of the legal solutions that are crucial for access to courts. The starting point for the author’s deliberations is the analysis of the institution of legal aid of a professional representative in litigation, which – along with other constructions – constitutes a guarantee of effective implementation of the right to court in civil matters. Against the background of these considerations, the author presents the construction of mandatory representation by a lawyer in the Polish legal system, with particular emphasis on its subjective and objective scope. These considerations are complemented by de lege ferenda conclusions, relating, among other things, to projects considered in the Polish doctrine concerning the extension of the scope of application of mandatory representation to proceedings before the court of second instance.

scholarly journals A Path to Transformation: Asking “The Woman Question” in International Law

2021 ◽  
pp. 429
Author(s):  
Cochav Elkayam-Levy
Keyword(s):  
International Law ◽  
Legal Reform ◽  
Woman Question ◽  
Women's Experiences ◽  
Legal Structures ◽  
Truth Claims ◽  
Feminist Methods ◽  
The Law ◽  
The Right ◽  
Feminist Work

Methods matter, and the discussion over feminist methods in international law is an important one. As Kathrine Bartlett famously noted, “thinking about method is empowering.” It makes us more aware of the nature of what we do and what we aim to improve in the law. Consequently, we can act more effectively when we examine legal structures and do it with a stronger sense of commitment towards our feminist work. Methods are also the fundamental means by which we produce “valid knowing.” The discussion of feminist methods in international law is one that engages with the combination of rules and assumptions that shape and delimit our views about the exclusion of women’s experiences from this doctrine. Methods determine the ways within those limits by which we aim to assert truth claims, determine our possibilities and conclusions, and establish the grounds for legal reform. Our chosen method defines what we consider as evidence and what we accept as proof. Yet, it cannot guarantee a particular outcome or even the right one. Rather, it provides a sense of discipline in our analysis.

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