scholarly journals The Judges Ethics and Justice: An Analysis of Law Enforcement in Indonesian Court System

2021 ◽  
Vol 7 (4) ◽  
pp. 403-416
Author(s):  
Herning Setyowati

Technical skills education in the field of law that neglects the aspect relating to the responsibility of a person to the person entrusted to him and his profession in general and the values and ethical measures that should be guidelines in carrying out his profession will only produce skilled handyman in the field of law and his profession. Such circumstances not only make the clinical education incomplete because the prospective member of the profession does not know how he should use his acquired technical skills. In fact, it is no exaggeration to say that technical skills education without the education of professional and ethical responsibility is dangerous. In general, it can be said that every profession puts the expert concerned in a special circumstance, both because of the extraordinary powers entrusted to him (such as judges and prosecutors) as well as the fate of the interested person entrusted to him (in the case of the defense). When viewed in the framework of law enforcement as a matter of public interest, that responsibility is essentially also a trust mandate concerning public interest (public trust). It is undeniable that certain positions or professions have special positions or duties because they are subject to more severe conditions than are generally applicable for good practice rather than their duties or functions and the protection of those concerned.

Information ◽  
2021 ◽  
Vol 12 (7) ◽  
pp. 275
Author(s):  
Peter Cihon ◽  
Jonas Schuett ◽  
Seth D. Baum

Corporations play a major role in artificial intelligence (AI) research, development, and deployment, with profound consequences for society. This paper surveys opportunities to improve how corporations govern their AI activities so as to better advance the public interest. The paper focuses on the roles of and opportunities for a wide range of actors inside the corporation—managers, workers, and investors—and outside the corporation—corporate partners and competitors, industry consortia, nonprofit organizations, the public, the media, and governments. Whereas prior work on multistakeholder AI governance has proposed dedicated institutions to bring together diverse actors and stakeholders, this paper explores the opportunities they have even in the absence of dedicated multistakeholder institutions. The paper illustrates these opportunities with many cases, including the participation of Google in the U.S. Department of Defense Project Maven; the publication of potentially harmful AI research by OpenAI, with input from the Partnership on AI; and the sale of facial recognition technology to law enforcement by corporations including Amazon, IBM, and Microsoft. These and other cases demonstrate the wide range of mechanisms to advance AI corporate governance in the public interest, especially when diverse actors work together.


2021 ◽  
Vol 30 (3) ◽  
pp. 108-124
Author(s):  
Aleksey Grin'ko

Allocation of the burden of proof is a key issue of criminal procedure that is affected by multiple legal and social factors. Under due process principles, the defendant’s right to a fair and impartial trial is deemed to be the epicenter of the whole structure. However, efficient law enforcement is a prominent public interest that must be considered. This article explores the correlation between public and private interest in proving insanity under the law of New York, which provides great empirical background due to its long history of legal disputes and legislative changes. Considering the nature and structure of the burden of proof, the author concludes that there are several principles for its fair allocation: the due party that bears both the burden and the risk of its nonperformance; the feasibility of the burden; the adequate opportunity for the other party to rebut; the concentration of resources upon needs that are not presumed but in fact exist. All the mentioned principles lay the ground for the harmonization of constitutional guaranties for the defendant as well as the successful enforcement of criminal law. The current New York approach to insanity defense as an affirmative one along with the history of its implementation tends to prove its compliance with such requirements. This finding suggests that bearing the burden shall not be treated as impairment by default, but can protect both the interest of this party and the integrity of the whole process.


2020 ◽  
pp. 1419-1440
Author(s):  
Yvonne-Gabriele Schoper ◽  
Fritz Böhle ◽  
Eckhard Heidling

It is the goal of management to overcome and delete uncertainty. Uncertainty is seen as an obstacle and threat for successful management. However projects are full of uncertainty. Successful project management therefore aims to overcome and ideally delete uncertainty as far as possible. In project management, uncertainty and risk are often used synonymously. Current project management methodology contains only technics how to manage risk in projects. The assessment of risks is based on the precondition of stable conditions and the idea that the influencing parameters are known, assessable and calculable. Since more than 2,000 years it is the aim of the Western cultures to master the nature by natural sciences and mathematics. In the last three centuries of Modern Philosophy the perspective developed that analytical scientific know how (episteme) and technical skills (techne) can master any kind of complexity and risk. The third traditional Aristotelian competence, the practical wisdom (phronesis) however was perceived as not acknowledgeable.


2018 ◽  
Vol 17 (1) ◽  
pp. 1-10 ◽  
Author(s):  
Michelle Jolley

Purpose Tackling high reoffending rates in England and Wales is of significant political interest, with education and training being viewed as an important mechanism to achieve change. The purpose of this paper is to present the findings of a small empirical study examining a life skills programme delivered in a Category C prison in the West Midlands. Design/methodology/approach The study used a multi-method approach incorporating observations of two modules, four focus groups with prisoners enrolled on the programme, questionnaires with programme completers, and semi-structured interviews with staff. Findings The findings indicate that life skills are an important component in rehabilitation. More specifically, developing the necessary tools to assist prisoners in everyday life, such as recognition, interpretation, reflection, response, and planning is fundamental to rehabilitation. Research limitations/implications A limitation of this study was that only prisoners currently at this Category C prison were included. This could be complemented by the inclusion of more participants who had completed the programme; however, access and data protection considerations limited the study to one location. Practical implications The key message of this study is that without addressing basic life skills, education and vocational rehabilitation is severely limited. Social implications To reduce reoffending rates, it is important to conceive rehabilitation in broader terms, not simply in relation to education and vocational training. Originality/value This paper offers insight into an unreported area of good practice in prison rehabilitation provision.


1972 ◽  
Vol 65 (1) ◽  
pp. 9-12
Author(s):  
Harley Flanders

The student preparing for science or engineering should enter college with the technical skills needed in calculus. Particularly, he must know how to set up and solve problems and get accurate, answers. Now the typical realistic calculus problem involves only a little of the ideas of calculus per se but a lot of high school algebra and geometry.


2015 ◽  
Vol 1 (1) ◽  
pp. 41.1-41 ◽  
Author(s):  
Maha Aljuaid

IntroductionHealth care institutions strive to develop orientation programs that are effective and efficient to prepare nurses entering to critical care. Clinical education must have combined knowledge of physical, behavioural and technical clinical education (American Association of Critical Care Nurses, 2004).Objectives:1. To identify the effect of simulation based education in standardizing nursing orientation2. To share the experience of KAMC-R in utilizing simulation education to improve patient safety and the quality of careBackgroundSimulation provides safe learning environment, allows debriefing, and stimulates critical thinking skills (Critical Care Nursing, 2007). Neuro Critical Care unit (NCCU) at King Abdul-Aziz Medical City (KAMC-R) faces influx of new nurses; therefore continuous education is imperative to those nurses. Simulation education strategy is utilized to improve technical and non-technical skills for new nurses. The critical care collaborative leadership adopted simulation based education to replace the old nursing orientation. The new‖orientation program piloted in Trauma ICU and Surgical ICU for two months, it was then implemented into all adult critical care units.MethodologyClinical resource nurses (CRNs) are the educators who run the program to the new staff. Clinical skills are validated by using Mosby skills checklist in which nurses demonstrate the skills on high fidelity simulation manikins.ResultsDecember 2010, nurses' anecdotal reports used to evaluate the experience of NCCU in utilizing simulation education. 32 nurses reported increase nursing knowledge, and improve technical skills. April 2014, survey was conducted to evaluate the effectiveness of the new orientation participated by CRNs, practice facilitators, and new nurses. The result showed that using of simulation enhances nursing knowledge and skills, simulation activities are engaging, and staffs build more confidence.ConclusionA healthy learning environment is essential for optimal nursing training. Nursing orientation requires abundant resources to ensure patient safety and competency of critical care nurses.


2020 ◽  
pp. 1025
Author(s):  
Robert Stack

After reviewing the place of securities law enforcement within the Canadian court system, the author traces the Peers and Aitkens decisions from the Provincial Court to the Supreme Court and outlines how these cases dealt with the question of what penalties trigger the right to a jury trial under section 11(f) of the Charter. The author explains how section 11(f) impacts the division of powers by creating a constitutional cap on the prison sentences that are available for violations of provincial law. In light of stiff maximum penalties for violations of securities laws, the Peers and Aitkens decisions raise the question of whether there are constitutional reasons to continue to try regulatory offences by judge alone in provincially appointed courts.


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