scholarly journals Lip Prints: The Underestimated Identifiers in the Combat against Crime

Obiter ◽  
2019 ◽  
Vol 40 (2) ◽  
Author(s):  
Marc Welgemoed
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Modern Society ◽  
Human Being ◽  
Court System ◽  
Accurate Identification ◽  
Feminine Gender ◽  
Probative Value ◽  
Degree Of Certainty

Crime is prevalent in our modern society and there does not appear to be an escape from it. It is not restricted to particular sections of the world, but occurs all over the globe. Through the years, excellent progress has been made in crime-combating methodologies and technologies; yet, there does not seem to be an ideal deterrent to crime. It is therefore paramount that the criminal justice system is equipped with the best possible tools to accurately identify and bring offenders to justice. A method that has crystallised in the accurate identification of offenders is the use of fingerprint evidence.Fingerprints are well known for their high probative value. Every human being possesses unique fingerprints and, for that reason, can be associated with such prints to a high degree of certainty when they are found on a particular object and/or surface. There exist various databases that store records of fingerprints for the purposes of comparison in criminal or other investigations.However, what happens when no fingerprints are available in a particular situation, but there is another type of print, like a lip print? Can a positive identification be made from a lip print? Is there a database of lip prints that can be accessed for the purpose of comparisons? What is the probative value of a lip print? These are important questions because, in cases of murder, rape and burglary, lip prints (sometimes accompanied by tooth marks) may be present at the crime scene or on the clothes or body of a victim.In this article, the probative value of lip prints, classified as body-prints, is examined and evaluated. This is a necessary examination, as lip-print evidence has not been used much in the court system. Cheiloscopy, a forensic investigative technique, is also discussed. This technique concerns the identification of a human being from his or her lip traces. Lip prints are also compared to fingerprints in order to determine their probative value. The question is whether there should be a database of lip prints in order to facilitate the identification of suspects in cases where no fingerprints, other body-prints or any other identifying features are present and possible. Furthermore, this article also investigates whether DNA extraction is possible from lip prints; if possible, this would have a profound influence on the success rate of the criminal justice system in identifying offenders and bringing them to justice.In this article, reference to the masculine gender refers also to the feminine gender, and vice versa.

scholarly journals HAK NARAPIDANA DALAM SISTEM PEMASYARAKATAN DITINJAU DARI PERSPEKTIF HAK ASASI MANUSIA

2018 ◽  
Author(s):  
Fransiska Novita Eleanora
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Point Of View ◽  
Human Being ◽  
System P ◽  
Correctional System ◽  
A Priority ◽  
The Government

Prisoners are persons who undergoing punishment for committed crimes. According to the verdict, a criminal shall be sentenced in prison. However, the rights of the prisoners are protected by the correctional system, and keep them as human being as a whole. They are rehabilitated, guided, and nurtured which the aims is to make them back to community after the sentencing is finished. From the point of view of human rights, are correctional system was made to protect the rights of criminal, where the criminal remains a priority for the government within the criminal justice system.

scholarly journals Resource Constraints and the Criminal Justice System: Evidence from Judicial Vacancies

2016 ◽  
Vol 8 (4) ◽  
pp. 289-332 ◽  
Author(s):  
Crystal S. Yang
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Resource Constraints ◽  
Prison Inmates ◽  
Court System ◽  
System A ◽  
The Impact ◽  
Percent Decrease

Ten percent of federal judgeships are currently vacant, yet little is known on the impact of these vacancies on criminal justice outcomes. Using judge deaths and pension eligibility as instruments for vacancies, I find that prosecutors dismiss more cases during vacancies. Prosecuted defendants are more likely to plead guilty and less likely to be incarcerated during vacancies, with defendants who are detained pretrial more likely to be incarcerated. The current rate of vacancies has resulted in 1,000 fewer prison inmates annually compared to a fully-staffed court system, a 1.5 percent decrease. (JEL K14, K41, K42)

scholarly journals Admissibility of a Video as Evidence in a Court: Its Presentation and Probative Value

2021 ◽  
Vol 55 (No 1) ◽  
pp. 1-16
Author(s):  
Muhammad Arif Rajput
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
General Public ◽  
Justice System ◽  
Original Source ◽  
Video Authentication ◽  
Probative Value ◽  
Legal Justification ◽  
The Law

To general public, all videos are perceived to be true, but they may not have probative value in the Court of law. The undertaken article analyzes the admissibility and probative value of a video presented as evidence before a court in the Criminal Justice System of Pakistan (CJSP). It analyzes the relevant law and diagnoses the problems with the video evidence through the lens of the judgments of Superior Courts. The court of law objectively ascertains that a video presented as evidentiary means bears significant relevance to the fact in question. It must be admissible under the law, and it must be proved to be genuine. To fill up the gap between a “Video” and a “Video Evidence”, there is a process, which is known as video authentication. It determines that the video contents are genuine, authentic, credible, unaltered, untampered and unfabricated. The study discusses various modes of video authentication. Precedents set by superior courts of Pakistan show that convictions have been made once the courts are satisfied with the credibility of video evidence. In the court of law, video evidence is normally presented after the completion of prosecution evidence. The video is played in court and is watched by the presence. But the researcher establishes that such process does not have legal justification. The article suggests that it would be legal and proper for the prosecution to produce the video evidence through the witness, during his evidence, who is either victim, witness, recorded and/or copied the video directly from original source such as C.C.T.V system and that witness would be subjected to cross examination.

scholarly journals The Association Between Religiosity and Substance Use Patterns Among Women Involved in the Criminal Justice System

2018 ◽  
Vol 48 (3) ◽  
pp. 327-336
Author(s):  
Abenaa A. Jones ◽  
Fern J. Webb ◽  
Sonam O. Lasopa ◽  
Catherine W. Striley ◽  
Linda B. Cottler
Keyword(s):  
Substance Use ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Drug Court ◽  
Crack Cocaine ◽  
Drug Prevention ◽  
Protective Effects ◽  
Court System ◽  
Use Patterns

A growing body of research is exploring the association between religiosity and drug use. Thus, this analysis examines the association between religiosity and substance use patterns among females in the criminal justice system. Data derived from 318 women recruited from a Municipal Drug Court System in St. Louis, Missouri, were used to determine the association between religiosity and substance use patterns. Results indicate that religiosity decreased the odds of cocaine use, observed for both crack/cocaine (CC) use alone (adjusted odds ratio [AOR] = 0.41) and crack/cocaine + marijuana (CC + MJ) (AOR = 0.32). Interestingly, this association was not found for MJ use alone. Other variables that were significantly associated with CC + MJ use included being non-Black (CC + MJ: AOR = 0.46; MJ: AOR = 0.28), 4+ arrests (CC + MJ: AOR = 4.66; CC: AOR = 2.64), and <30 years of age (CC + MJ: AOR = 0.37; CC: AOR = 0.16; MJ: AOR = 2.84). Future drug prevention and interventions should consider the potential protective effects of religiosity on substance use.

scholarly journals The Implementation of Diversion by the Investigator of Bandung Police Department Towards Narcotics Cases Conducted by Children

FIAT JUSTISIA ◽  
2018 ◽  
Vol 12 (2) ◽  
pp. 156
Author(s):  
Herdiansyah Akhmadi ◽  
Ijud Tajudin
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Justice System ◽  
Justice System ◽  
Police Department ◽  
Criminal Court ◽  
Third Party ◽  
Court System ◽  
Justice Process ◽  
Criminal Justice Process

Narcotics crime is not only done by someone who has entered adulthood. In fact, the involvement of children in the vicious circle of narcotic crime has often been encountered. In response, the Government issued Law No. 11 Year 2012 on the Criminal Justice System for Children to accommodate children with legal problems. In the Criminal Justice System Law for Children found a concept that is not encountered in another law that is diversion. Diversion is the transfer of the settlement of child cases from criminal justice process to process outside of criminal justice process. The requirement for a child to be made a diversion effort is a criminal threat against the child is not more than 7 (seven) years and not the repetition of criminal offense. Drug Division of Bandung City Police Department in the period of investigation 2015 - 2017 has handled 7 (seven) narcotics cases done by the child. The success rate of diversion in the BCPD is more than 50%, although not a few factors can hamper the enforcement of diversion itself. This study aims to find out how the process of diversion conducted by BCPD Drug Division and whatever obstacles they face. This research was conducted using normative juridical approach method and empirical juridical research specification, that is by examining secondary data consisting of primary law material, secondary law material, and field research in the form of a third party related interview. It can be argued that the application of diversion is not easy but does not make the process of applying diversion of children stalled. In addition to the necessary reforms in the aspect of a legislative establishment, it is also necessary to develop the infrastructure and capacity building of the law enforcement in the implementation of the diversion process, so that the implementation of diversion system can be done optimally. Thus, Indonesia as a just state of law can provide complete protection and justice for children from the conventional criminal justice systems Keywords: Child Criminal Court System, Diversion, Law Enforcement

Growing Up under Surveillance

2018 ◽  
pp. 65-92
Author(s):  
Jan Haldipur
Keyword(s):  
Young Adults ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Growing Up ◽  
Court System

This chapter explores the experiences of young adults who have been involved with the court system. These justice-involved young adults have often experienced some of the harshest treatment from police. Aggressive policing tactics not only introduce new faces to the criminal justice system, but, as this chapter illustrates, also keep those attempting to avoid reincarceration entangled in its web.

Restorative Justice as an “Informal” Alternative to “Formal” Court Processes

2021 ◽  
pp. 226-244
Author(s):  
Paula Kenny ◽  
Liam J. Leonard
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Court System ◽  
The Public

This chapter will examine the manner in which restorative justice provides an informal alternative to the formal processes of the adversarial court within the criminal justice system overall. In so doing, the chapter highlights the significance of restorative justice as a facet of a ‘Sustainable Justice' within the community. While members of the public may be intimidated by the formal processes of the court system, the informal nature of the restorative justice conference may provide the community with a better exchange, and thereby see true justice served more fully.

Senior Public Figure Offenders and the Criminal Justice System: The Public's Perception

2001 ◽  
Vol 35 (2-3) ◽  
pp. 354-379
Author(s):  
Simha F. Landau ◽  
Leslie Sebba ◽  
David L. Weisbu ◽  
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Justice System ◽  
Justice System ◽  
Modern Society ◽  
Public Attention ◽  
Law Enforcement Agencies ◽  
Public Figures ◽  
Private Citizens ◽  
The Power Elite

Public attention is increasingly being focused on law enforcement practices with regard to senior public figures suspected of committing crimes. Indeed, it is only natural for special sensitivity to be shown in relation to the behavior of public figures in general, and senior public figures in particular. Their authority, social connections, and access to material and other state or public resources, locating them with the “power elite” — or at least the “sub-elites”1— provide them with unusual power in modern society. It could even be argued that their position contains a “constant structural temptation” for misuse or abuse of this power. Even if public figures are believed to be honest and of impeccable character, it is clear that they have opportunities for abuse of their authority that must be taken into account by law enforcement agencies. Moreover, public trust is an important asset on the part of public figures and civil servants. Accordingly, it might be argued that the criminal justice system should perceive breaches of this trust as more severe than similar offenses committed by private citizens.

scholarly journals THE MODEL OF PENAL MEDIATION AS A COUNTERMEASURES OF VIOLENCE CONFLICT (CAROK) IN MADURESE SOCIETY BASED ON THE LOCAL WISDOM

2019 ◽  
Vol 8 (2) ◽  
pp. 275
Author(s):  
Cahyono Cahyono
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Justice System ◽  
Justice System ◽  
Law Enforcement Officers ◽  
Criminal Court ◽  
Court System ◽  
Sociological Jurisprudence ◽  
Law Enforcement Officials ◽  
Violent Conflicts

This research is to explore criminal mediation based on local wisdom in dealing with carok violent conflicts in Madurese society. There are two important problems in this study, which is the reason why the criminal justice system is less than optimal in dealing with carok in Madurese society and how criminal mediation can be a model in dealing with conflict based on local wisdom. The research method used in this study is the doctrinal and non-doctrinal methods. By using Freidman's theory and Sociological Jurisprudence related to comparative law, it was found that the criminal justice system is not fully optimal in dealing with carok violent conflicts in Madurese society because of differences in interpreting the concept of justice in the perspective of local communities, the dominance of legalistic perspectives on law enforcement officers and the strong practicality of maintaining self-esteem and religion. The criminal mediation model used by law enforcement officers on Madurese people is based on local wisdom which is a model of family criminal mediation (victim-perpetrators, families, reparations) that is connected to the criminal court system ranging from investigations, closing speeches, examination of cases involving parties warring parties, with mediators, scholars, and law enforcement officials, and the results are written as an act of peace that can be used by the perpetrators to change the sentence. The study recommends that it is very important for law enforcement officials and social leaders, religious scholars and district governments to act as neutral mediators by empowering customary peace institutions that are connected to the criminal justice system.

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