Legality and Reality: Some Lessons from the Pitcairn Islands

2009 ◽  
Vol 73 (1) ◽  
pp. 69-88
Author(s):  
Fran Wright
Keyword(s):  
Criminal Justice ◽  
Rule Of Law ◽  
Justice System ◽  
Point Of View ◽  
Criminal Offence ◽  
Sexual Offences ◽  
The Rule Of Law ◽  
Remote Island ◽  
The Uk ◽  
Made In

This article considers the decision to prosecute a number of Pitcairn islanders for offences under the UK Sexual Offences Act 1956, and some aspects of the organisation of the prosecutions. The islanders complained that the prosecutions were an abuse of process because the content of the law was unascertainable and the legislation governing their trials was retrospective. The abuse of process claims were rejected. There was a mechanism by which islanders could ask the island officials and legal advisers for advice. It was predictable that non-consensual sexual intercourse would be a criminal offence. They were not prejudiced in any way by the late constitution of a criminal justice system. Although some of the decisions made in the Pitcairn case were questionable from a formalist point of view, most were fair in the peculiar circumstances of this small and remote island. The idea of the rule of law and of a fair trial cannot be divorced from the context in which criminal justice decisions are taken.

Reaktualisasi Proses Penyidikan oleh Kepolisian Berbasis Nilai-Nilai Pancasila dan Optimalisasi Pemanfaatan Teknologi

Jurnal Hukum ◽  
2016 ◽  
Vol 31 (2) ◽  
pp. 1737
Author(s):  
Ira Alia Maerani
Keyword(s):  
Criminal Justice ◽  
Rule Of Law ◽  
Justice System ◽  
Public Prosecutor ◽  
Public Confidence ◽  
The Rule Of Law ◽  
Positive Law ◽  
Use Of Technology ◽  
The Times

Abstract                Indonesian Criminal Justice System consists of the police, public prosecutor and the courts. The role of the police investigators is certainly vital as the frontline in building public confidence in the rule of law in Indonesia. The role of the investigator is quite important in realizing society’s  justice. The era of globalization requires a pattern fast-paced, instant, measurable, and transparent of life and it requires investigators to follow the times by optimizing the use of technology. The aim of this study is to give effect to the rule of law in Indonesia that provides fairness, expediency and certainty. However, it considers to have priority of Pancasila values in the process of inquiry and investigation. The values of supreme divinity, God (religious), humanity, unity, democracy and justice are values that establish a balance (harmony) in enforcing the law. Law and its implementation can create product which meets the demands for social justice. This paper will examine the role of the investigator according to positive law currently in force as well as the role of investigator in implementing the values of Pancasila, accompanied by optimizing the use of technology. Keywords: Re-actualizing, Investigation, Police, values of Pancasila, Technology   AbstrakSistem Peradilan Pidana Indonesia meliputi institusi kepolisian, kejaksaan, dan pengadilan. Peran penyidik dalam institusi kepolisian tentunya amat vital sebagai garda terdepan dalam membangun kepercayaan masyarakat terhadap penegakan hukum di Indonesia. Peran penyidik amat besar dalam terwujudnya keadilan di masyarakat. Era globalisasi yang menuntut pola kehidupan yang serba cepat, instan, terukur, dan transparan menuntut penyidik untuk mengikuti perkembangan zaman dengan mengoptimalkan pemanfaatan teknologi. Tujuannya adalah untuk memberikan arti bagi penegakan hukum di Indonesia yakni memberikan keadilan, kemanfaatan, dan kepastian. Namun yang harus diperhatikan adalah mengutamakan nilai-nilai Pancasila dalam melakukan proses penyelidikan dan penyidikan. Nilai-nilai ketuhanan yang maha esa (religius), kemanusiaan, persatuan, kerakyatan dan keadilan merupakan nilai-nilai yang membangun keseimbangan (harmoni) dalam menegakkan hukum. Sehingga produk hukum dan pelaksanaannya memenuhi rasa keadilan masyarakat. Tulisan ini akan mengkaji tentang peran penyidik menurut hukum positif yang saat ini berlaku serta peran penyidik dalam mengimplementasikan  nilai-nilai Pancasila dengan diiringi optimalisasi pemanfaatan teknologi.Kata Kunci: Reaktualisasi,Penyidikan,Kepolisian,Nilai-nilai Pancasila,Teknologi

scholarly journals Reaktualisasi Proses Penyidikan oleh Kepolisian Berbasis Nilai-Nilai Pancasila dan Optimalisasi Pemanfaatan Teknologi

Jurnal Hukum ◽  
2015 ◽  
Vol 31 (2) ◽  
pp. 1901
Author(s):  
Ira Alia Maerani
Keyword(s):  
Criminal Justice ◽  
Rule Of Law ◽  
Justice System ◽  
Public Prosecutor ◽  
Public Confidence ◽  
The Rule Of Law ◽  
Positive Law ◽  
Use Of Technology ◽  
The Times

Indonesian Criminal Justice System consists of the police, public prosecutor and the courts. The role of the police investigators is certainly vital as the frontline in building public confidence in the rule of law in Indonesia. The role of the investigator is very big in the realization of justice in society. The era of globalization which demands a pattern of life that is fast-paced, instant, measurable, and transparent requires investigators to follow the times by optimizing the use of technology. The aim is to give effect to the rule of law in Indonesia that provides fairness, expediency and certainty. However that must be considered is the priority values of Pancasila in the process of inquiry and investigation. The values of supreme divinity, God (religious), humanity, unity, democracy and justice are values that establish a balance (harmony) in enforcing the law. Law and its implementation so that the product meets the demands for social justice. This paper will examine the role of the investigator according to positive law currently in force as well as the role of investigator in implementing the values of Pancasila, accompanied by optimizing the use of technology.Keywords: Re-actualizing, Investigation, Police, values of Pancasila, Technology

scholarly journals Re-Appraising the Statutory and Ethical Roles of Lawyers Pursuant to Nigeria’s Administration of Criminal Justice Act, 2015

2019 ◽  
pp. 1184-1192
Author(s):  
Oyewunmi Olabode ◽  
Igbinoba Ebeguki ◽  
Olusola -Olujobi
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Rule Of Law ◽  
Justice System ◽  
Primary Sources ◽  
Legal Research ◽  
The Rule Of Law ◽  
Secondary Sources ◽  
The Many

Breach of fundamental human rights and rule of law are challenges that have tainted Nigeria’s image and impaired sustainable development of her justice system. These breaches are: torture, distorting bail procedures among others. These illegal practices if unchecked may culminate in the denial of justice. The lawyer’s role therefore, is vital in fostering a culture of enduring dispensation of justice, especially in the light of the many challenges bedeviling Nigeria’s criminal justice system. The paper re-appraises the statutory and ethical roles of lawyers pursuant to the Nigeria’s Administration of Criminal Justice Act, 2015 in facilitating stringent compliance with the Act to safeguard the rule of law. The study is a doctrinal legal research with a library based approach. It adopts primary sources such as statutes, judicial authorities and secondary sources such as textbooks, journals/articles and internet sources. The research recommends among others, reform and strengthening of the judiciary to promote its independence in the administration of criminal justice system. Lawyers must ensure that the Administration of Criminal Justice Act, 2015 fosters dexterous management of cases by all adjudicatory bodies for speedy dispensation of justice, promotion of rule of law, and to end abuse of court processes. The study finds that Nigerian criminal law appears flawed in this regards. This research revealed series of human rights violations in Nigeria and equally highlighted the roles of lawyers in combating these abuses and suggest the use of modern forensic technologies in all courts in Nigeria which is currently lacking and made some recommendations.

Crime and the Visual Media in Brazil

2017 ◽  
Author(s):  
Vicente Riccio
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Rule Of Law ◽  
Media Coverage ◽  
Justice System ◽  
Common Ground ◽  
Visual Media ◽  
Great Level ◽  
The Rule Of Law ◽  
Critical Issues

The presence of crime in the visual media is a phenomenon shared throughout the world. In Brazil there is also a great level of consumption of it. The Brazilian production of media about crimes is deeply rooted in the social context that has emerged from intense social, political, and economic transformations that have taken place in the country since the second half of the 20th century. The depiction of crime in Brazilian visual media is based on three different genres: (1) television series, (2) films, and (3) police journalism. They deal with critical issues about the rule of law in Brazilian society such as violence, inequality, police corruption, failures of the criminal justice system, and the demands for public policies to improve it. Despite this common ground, the genres reveal different political and ideological views about the rule of law in Brazil. Productions centered on the plane of fiction (television and film) are more critical about the criminal justice system in Brazil, especially in relation to the performance of its police forces. Brazilian police journalism is the opposite. The style reinforces a view of the problem of crime founded from the viewpoint of problematic people rather than problematic structures. Finally, the media coverage of crime is an important field to help understand the different views in the public agenda about the criminal justice system’s reform in Brazil.

Rationality and the Rule of Law in Offences Against the Person

1994 ◽  
Vol 53 (3) ◽  
pp. 502-523 ◽  
Author(s):  
John Gardner
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Rule Of Law ◽  
Justice System ◽  
The Rule Of Law ◽  
House Of Lords ◽  
The Law ◽  
Court Of Appeal ◽  
Law Commission

The Offences Against the Person Act 1861 is much disparaged by today's criminal lawyers. Its provisions have been described as “impenetrable” by the Court of Appeal. The House of Lords could not conceal its dissatisfaction with what is called “the irrational result of this piecemeal legislation”. Andrew Ashworth has written of the “antiquated and illogical structure” of an Act which the Law Commission regards as “unsatisfactory in very many respects”. Most recently Brooke J., launching the latest version of the Commission's reform package, lambasted the operation of the 1861 Act as “a disgrace”, and claimed that this hostile view is shared in every corner of the criminal justice system.

scholarly journals Is Restorative Justice an Effective Approach in Responding to Children and Young People Who Sexually Harm?

Laws ◽  
2021 ◽  
Vol 10 (4) ◽  
pp. 86
Author(s):  
Lisa Mary Armstrong
Keyword(s):  
Criminal Justice ◽  
Restorative Justice ◽  
Justice System ◽  
Young Person ◽  
Advocacy Groups ◽  
Legal Process ◽  
Sexual Offences ◽  
Children And Young People ◽  
Victim Advocacy ◽  
The Uk

In the UK, Australia, and further afield, restorative programmes have been developed as a response to the failure of the criminal justice system to give victims of sexual violence a voice in the legal process. The restorative justice literature has tended to focus on sexual offences perpetrated by adults and the importance of being victim centred. When it is a child or young person (CYP) who sexually harms, it poses a unique set of challenges for law and society and the restorative practitioner. This article explores the reasons why a different approach may be warranted given the perceived failure of conventional criminal justice in addressing the growing problem of child and adolescent harmful sexual behaviour (HSB) in Scotland. It discusses the difficulties with balancing the rights of the victim with the CYP who perpetrates the HSB and considers the challenges encountered by practitioners in the implementation and application of restorative programmes in HSB cases involving CYP. Although the evidence supports a growing need for a different approach, and restorative justice may offer just that, problems with net widening, the referral process, and resistance from other professionals and victim advocacy groups present real barriers. Consequently, restorative practitioners are likely to find practising in this area more challenging due to a lack of support and cooperation.

scholarly journals Militancy and violence as a catalyst to kidnapping in Nigeria

2019 ◽  
Vol 21 (1) ◽  
pp. 17-35
Author(s):  
Eke Chijioke Chinwokwu ◽  
Christopher Eraye Michael
Keyword(s):  
Criminal Justice ◽  
Rule Of Law ◽  
Justice System ◽  
Good Governance ◽  
Value Orientation ◽  
Resource Control ◽  
Self Determination ◽  
Social Injustice ◽  
The Rule Of Law ◽  
The Government

This study examines the concept of militancy and violence as a catalyst for kidnapping in Nigeria. The study acknowledges that there may be violent and non-violent militancy, but kidnapping is always forceful and violent in nature. Nigeria has witnessed and continues to witness various forms of militancy and violence, which have generated a booming new enterprise in the form of kidnapping for ransom. Government efforts to address these problems have been discriminatory, sentimental and engulfed in ethnicity. The lop-sidedness and apathy shown by the government in thwarting this menace has led to militants’ demands for self-determination and sovereignty. Triggers for militancy, such as social injustice, oppressive policies, marginalization and resource control, seem to have no bearing on government agenda and policy. There is mistrust as to the intent of the government in containing the rising profile of militants and kidnappers, thereby creating fear in the minds of Nigerian citizens. We recommend among other actions: re-value orientation, good governance based on justice and the rule of law, and reform of the criminal justice system.

The Racial Politics of Due Process Protection

2017 ◽  
Vol 42 (1) ◽  
pp. 58-76 ◽  
Author(s):  
Jason T. Carmichael ◽  
Stephanie L. Kent
Keyword(s):  
Criminal Justice ◽  
Rule Of Law ◽  
Justice System ◽  
Due Process ◽  
Racial Politics ◽  
Public Confidence ◽  
Wrongful Convictions ◽  
The Rule Of Law ◽  
Interaction Terms ◽  
System Errors

Discoveries of wrongful convictions have increased substantially over the last several decades. During this period, practitioners and scholars have been advocating for the adoption of policies aimed at reducing the likelihood of convicting a person for a crime they did not commit. Implementing such policies are vitally important not only because they help ensure that the innocent do not receive unwarranted sanctions or that the guilty go unpunished but also because cases of wrongful conviction can erode public confidence in the criminal justice system and trust in the rule of law. To avoid such outcomes, many states have adopted policies through legislation that aim to reduce system errors. It remains unclear, however, why some states appear more willing to provide due process protections against wrongful convictions than others. Findings suggest that dimensions of racial politics may help explain the reluctance of some states to adopt protections against wrongful convictions. Specifically, interaction terms show that states with a Republican governor and a large African American population are the least likely to adopt policies aimed at protecting against wrongful convictions. We thus identify important differences in the political and social context between U.S. states that influence the adoption of criminal justice policies.

Enhanced Rights for Detained Persons

2020 ◽  
Vol 4 (1) ◽  
pp. 89-108
Author(s):  
Ewang Sone Andrew
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Rule Of Law ◽  
Police Officers ◽  
Justice System ◽  
Criminal Procedure ◽  
Full Potential ◽  
Habeas Corpus ◽  
The Rule Of Law ◽  
Procedure Code

The incorporation of habeas corpus and bail in the Cameroonian Criminal Procedure Code has not only entrenched them in law, but has also widened and deepened their scope, with a view to obtaining, as far as possible, the respect for human rights and the rule of law in order to ensure a more functional criminal justice system in Cameroon. The incorporation of habeas corpus and bail in the Cameroon criminal trial process will restrain the arbitrary and illegal use of the powers of the judicial police officers and ensure respect of human rights. Although there are some challenges in the application of habeas corpus and bail such as misuse of the remedies by some overzealous authorities, defiance of court orders in the enforcement of the writ of habeas corpus by administrative authorities, and erosion of confidence in the Judiciary, there is optimism in the conscious efforts being made to ensure that habeas corpus and bail are properly applied so that the Cameroonian Criminal Procedure Code attains its full potential.

scholarly journals Payment of Diyat in Pakistan: Exploring the Missing Islamic Spirit

sjesr ◽  
2020 ◽  
Vol 3 (4) ◽  
pp. 418-423
Author(s):  
Dr. Muhammad Asad ◽  
Dr. Barkat Ali ◽  
Hafiz Muhammad Usman Nawaz
Keyword(s):  
Rule Of Law ◽  
Justice System ◽  
Human Life ◽  
Relevant Literature ◽  
Research Topic ◽  
Islamic Republic ◽  
The Rule Of Law ◽  
Secondary Sources ◽  
The Law ◽  
Made In

Though the Islamic Republic of Pakistan (Pakistan) as established in 1947, adopted the then British oriented existing laws, it was confirmed that appropriate modification will be made in these laws. Therefore, among others, the criminal laws including Pakistan Penal Code, 1860 (PPC) have been amended particularly to bring its provisions in conformity with Islamic Injunctions. In this context, in addition to other matters of the offenses affecting human life, the provisions of Diyat have been inserted in PPC.  However, the law of Diyat as introduced in PPC is not all-inclusive. On the aspect of responsibility regarding the payment of Diyat, in case of incapacity of the offender, the law of PPC as amended in Islamic context is somehow still incomplete. As such, this situation is affecting the rights of the parties. The present law of Diyat as provided in PPC, indeed, is lacking the important aspect ‘Aqilah’. The insertion of provisions of 'Aqilah' in the PPC, may make the law of Diyat in the true sense of Islamic Injunctions, and consequently, the currently arising issues of non-payment of Diyat money particularly in case of offender's poverty, maybe settled down, and it ultimately will contribute for upholding the Rule of Law in criminal administration justice system of Pakistan. This is a doctrinal and analytical based study that focuses on the relevant literature either directly or indirectly related to the research topic. It engages the investigative deliberation of both types of primary and secondary sources. Such a way of deliberating the currently prevailing situation will put our study toward a result-oriented conclusion with suitable suggestions on the topic at hand.

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