Characterizing Multi-door Criminal Justice

2020 ◽  
Vol 23 (1) ◽  
pp. 139-166
Author(s):  
Tali Gal ◽  
Hadar Dancig-Rosenberg
Keyword(s):  
Comparative Analysis ◽  
Criminal Justice ◽  
Restorative Justice ◽  
Criminal Law ◽  
Analytical Tool ◽  
Policy Makers ◽  
Criminal Justice Systems ◽  
Archival Documentation ◽  
Community Courts ◽  
Criminal Justice Practitioners

This article provides an empirical, comparative analysis of three criminal justice programs that reflect different social and ideological accounts: community courts, arraignment hearings, and restorative justice. The study draws on empirical findings that have been collected over three years in Israel, through observations and archival documentation of these mechanisms. Using the Criminal Law Taxonomy developed elsewhere by the authors as an analytical tool, the comparison is based on characteristics that relate to the structure, content, stakeholders, and outcomes of these justice mechanisms, emphasizing the plurality we have today in multi-door criminal justice systems. The comparative analysis highlights differences and similarities among various justice mechanisms, and offers policy makers and criminal justice practitioners important insights for referring different cases to various mechanisms.

Victimhood, Dignity, and the Criminal Justice System: A Comment

2011 ◽  
Vol 44 (1-2) ◽  
pp. 301-313 ◽  
Author(s):  
Leslie Sebba
Keyword(s):  
Comparative Analysis ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Criminal Law ◽  
Justice System ◽  
System A ◽  
Meaningful Role ◽  
Alternative Remedies

While this comment primarily addresses the article by Anat Horovitz and Thomas Weigend on human dignity and victims' rights in the German and Israeli criminal process, it begins with a consideration of the role of the victim in other component parts of the criminal justice system, and in particular the substantive criminal law—a topic addressed in other articles included in this issue. There follows a review of the comparative analysis of the victim's role in Germany and Israel put forward by Horovitz and Weigend and a critique of the issues they raise, particularly as to the salience of the victim's procedural role. It is argued here that the victim should have a somewhat more meaningful role than that envisaged by these authors. The comment concludes with a brief consideration of the potential for the advancement of alternative remedies currently neglected by both systems, such as restorative justice.

Terrorist Speech and the Criminal Law – A Comparative Analysis

2017 ◽  
Vol 25 (3) ◽  
pp. 230-259 ◽  
Author(s):  
Johannes Keiler
Keyword(s):  
Comparative Analysis ◽  
Criminal Justice ◽  
The Netherlands ◽  
Criminal Law ◽  
Critical Analysis ◽  
Vantage Point ◽  
Criminal Justice Systems ◽  
Justice Systems ◽  
Legal Frameworks

This article examines the ways that the criminal justice systems of England and the Netherlands deal with terrorist speech in the form of direct and indirect incitement to terrorism. This contribution commences with a discussion of the conditions under which the criminalisation of terrorist speech is justified. That discussion identifies criteria that must be satisfied if liability for terrorist speech is to be justified. The specific English and Dutch legal frameworks for addressing terrorist speech are then assessed in light of those criteria. This comparison provides the vantage point for a critical analysis of the merits and defects of terrorist speech offences. This contribution ends by identifying and discussing doctrinal elements that must be considered in order to ensure compliance with fundamental principles of criminal law and to prevent over-criminalisation.

scholarly journals Law Enforcement against Children's Criminal Action Based On Law Number 11 of 2012 Concerning Children Criminal Justice Systems

2020 ◽  
Vol 8 (06) ◽  
pp. 226-235
Author(s):  
Feddy Hantyo Nugroho ◽  
Rodliyah ◽  
Amiruddin
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Restorative Justice ◽  
Criminal Law ◽  
Justice System ◽  
Normative Study ◽  
Criminal Sanctions ◽  
Criminal Justice Systems ◽  
Objective Interpretation ◽  
The Law

This research was conducted to analyze and find out how criminal law policy is in the effort to apply criminal sanctions against children facing the law in terms of Law No. 11 of 2012 concerning the Criminal Justice System for Children and whether the concept of Diversity can be applied in the process of law enforcement against children involved in Narcotics Crimes. This research is a normative study, to analyze the legal material related to the problem under study, the author uses the Interpretation, Subjective and Objective Interpretation instruments, after that the authors process these legal materials by deductive thinking. The results obtained from the study that the drafting of Law Number 11 of 2012 is a replacement to Law Number 3 of 1997 concerning juvenile justice conducted with the aim of establishing a judiciary that truly guarantees the best protection of the interests of children facing the law as nation's next generation. The concept of Restorative Justice is one of the important things in Law Number 11 of 2012 where restoring the situation as it used to be the main goal and also no less important is the form of criminal sanctions that can be imposed on Children where criminal sanctions that are harsh and miserable are used as ultimum Remedium is not as a premium remedium especially as a maximum remedium. The concept of diversion that should be applied in Indonesia in the future, should be a combination of the concept of diversion that is applied in Australia, namely Police Diversion which is combined with the process of handling cases with the diversion prevailing in Indonesia today.

The Sentence is Only the Beginning: Hiccups in the Cross-Border Execution of Judgments in the Euregion Meuse-Rhine

2021 ◽  
Vol 29 (3-4) ◽  
pp. 189-217
Author(s):  
Johannes Keiler ◽  
André Klip
Keyword(s):  
Comparative Analysis ◽  
Criminal Justice ◽  
The Netherlands ◽  
Member States ◽  
Cross Border ◽  
Criminal Justice Systems ◽  
Alternative Measures ◽  
The Cross ◽  
Preliminary Phase ◽  
Country Specific

Abstract The cross-border execution of judgments remains difficult in practice for European Member States. This article seeks to analyze why this may be the case with regard to four different modalities of sentences: (1) prison sentences and other measures involving deprivation of liberty, (2) conditional sentences and alternative measures, (3) financial penalties and (4) confiscation orders. Based on a comparative analysis, this article investigates the problems at stake regarding the cross-border execution of judgements in Belgium, Germany and the Netherlands and identifies possible causes and explanations for these. The analysis shows that impediments to cooperation may inter alia stem from differences in national law and diverging national sentencing practices and cultures and may furthermore be related to a lack of possibilities for cooperation in the preliminary phase of a transfer. Moreover, some obstacles to cooperation may be country-specific and self-made, due to specific choices and approaches of national criminal justice systems.

Judges, Juries, and the History of Criminal Appeals

2011 ◽  
Vol 29 (1) ◽  
pp. 297-302
Author(s):  
Benjamin L. Berger
Keyword(s):  
United States ◽  
Criminal Justice ◽  
Criminal Law ◽  
Legal History ◽  
Structural Changes ◽  
Criminal Procedure ◽  
The United States ◽  
Early History ◽  
Criminal Justice Systems ◽  
History Of

The three articles offered in this forum on the early history of criminal appeals do us the great service of adding much of interest on this important but neglected issue in the development of Anglo–North American criminal procedure. The opaqueness of the legal history of criminal appeals stands in stark contrast to their centrality and apparent naturalness in contemporary criminal justice systems in England, Canada, and the United States. These three papers look at the period leading up to and immediately following the creation of the first formalized system of what we might call criminal appeals, the establishment of the Court of Crown Cases Reserved (CCCR) in 1848. This key period in the development of the adversary criminal trial was marked by both a concerted political effort to codify and rationalize the criminal law and by profound structural changes in the management of criminal justice.

scholarly journals Witness protection in the criminal justice system of the Baham

2020 ◽  
Vol 12 (1) ◽  
pp. 167-194
Author(s):  
David Baxter Bakibinga
Keyword(s):  
Criminal Justice ◽  
National Level ◽  
Legal Framework ◽  
The Bahamas ◽  
Protection Measures ◽  
Policy Makers ◽  
Criminal Justice Systems ◽  
The Government ◽  
Aid Policy

Witness protection is now firmly entrenched in the modern criminal justice systems especially in jurisdictions dealing with organized and violent crime. The decision by the government of The Commonwealth of The Bahamas to enact legislation in respect to procedural and non-procedural measures for protection of witnesses is commendable, given that violent and organized crime is rife in the country. This article highlights the basic tenets of witness protection and the legal framework, both at the international and national level. It also addresses the role of key duty bearers in the process of witness protection. Furthermore the procedural and non-procedural measures taken by law enforcement officers in The Bahamas are explored. And lastly, the challenges encountered in the implementation of the witness protection measures in The Bahamas are examined. This is intended to aid policy makers, advisers and those entrusted with decision making, like parliamentarians, to devise means and ways to eradicate and/or mitigate challenges faced in the implementation of witness protection measures in The Bahamas.

Concluding Comments

2020 ◽  
pp. 339-346
Author(s):  
Jacqueline S. Hodgson
Keyword(s):  
Criminal Justice ◽  
Public Sector ◽  
Criminal Law ◽  
Fair Trial ◽  
Criminal Justice Policy ◽  
Terrorist Threat ◽  
Political Values ◽  
England And Wales ◽  
The Core ◽  
Criminal Justice Systems

Centering on the criminal justice systems of England and Wales and France, this book has analyzed recent changes in criminal justice policy trends and process values as they have played out across the core functions of prosecution and defense, as well as how systems malfunction and seek to correct themselves in different ways. Both jurisdictions face common challenges, such as the changing terrorist threat, the constraints of public sector austerity, and the need to adapt to pan-European measures and standards of fair trial. The ways in which, through their criminal law and procedure, they resist, respond, or adapt to these challenges illuminate the legal and political values that motivate criminal justice in each jurisdiction. This in turn invites reflection on the nature and significance of the two contrasting procedural traditions within which they understand themselves to be located....

The European Integrated Criminal Justice System and its Constitutional Framework

2005 ◽  
Vol 12 (2) ◽  
pp. 125-147 ◽  
Author(s):  
Joachim Vogel
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
European Integration ◽  
Criminal Law ◽  
Justice System ◽  
Legal Systems ◽  
Member States ◽  
Criminal Justice Systems ◽  
Financial Interests ◽  
Justice Systems

This article discusses the concept of the integrated European criminal justice system and its constitutional framework (as it stands now and as laid down in the Treaty Establishing a Constitution for Europe signed in Rome on 29 October 2004). It argues that European integration does not stop short of criminal justice. Integration does not mean that Member States and their legal systems, including their criminal justice systems, are being abolished or centralised or unified. Rather, they are being integrated through co-operation, co-ordination and harmonisation; centralisation, respectively unification, is a means of integration only in specific sectors such as the protection of the European Communities' financial interests. The article further argues that the integrated European criminal justice system is in need of a constitutional framework. The present framework suffers from major deficiencies. However, the Treaty establishing a Constitution for Europe will introduce a far better, all in all satisfactory, ‘criminal law constitution’.

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