scholarly journals Pretrial detention and alternate methods of securing the presence of the accused during the criminal procedure

Temida ◽  
2009 ◽  
Vol 12 (2) ◽  
pp. 49-65
Author(s):  
Jelena Perisic
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Major Part ◽  
Criminal Procedure ◽  
Reasonable Doubt ◽  
Current Status ◽  
Legal Regulations ◽  
Pretrial Detention ◽  
Procedure Codes

In this paper, the author discusses pretrial detention and alternate methods of securing the presence of the accused during the criminal procedure. Except issues of terminology, in the introduction to this paper, the author deals with the current status of our criminal justice system, the readiness of both the state and the criminal justice system to accept innovations. Further, the author examines the accordance of pretrial detention with international sources, then its correlations with the Constitution, Criminal Procedure Codes from 2001 and 2006, and types of pretrial detention. As the paper continues, it describes institutes that are alternatives of pretrial detention: home detention and other restriction orders, and bail. The paper follows with the definition and content of the reasonable doubt concept as a mandatory condition for pronouncing pretrial detention. The major part of the paper deals is dedicated to the discussion of legal regulations of pretrial detention and its misinterpretation by judicial apparatus, and the effort to explain some undefined parts of those regulations.

Victim Participation in Parole Proceedings in South Africa

2019 ◽  
Vol 34 (1) ◽  
Author(s):  
Jamil Mujuzi
Keyword(s):  
South Africa ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
South African ◽  
Justice System ◽  
Criminal Procedure ◽  
Prison Inmate ◽  
Parole Board ◽  
Victims Of Crime ◽  
The Right

South African law provides for circumstances in which victims of crime may participate in the criminal justice system at the investigation, prosecution (trial), sentencing and parole stages. In South Africa, a prison inmate has no right to parole although the courts have held that they have a right to be considered for parole. In some cases, the victims of crime have a right to make submissions to the Parole Board about whether the offender should be released on parole. Section 299A of the Criminal Procedure Act 51 of 1977 provides for the right of victims of crime to participate in parole proceedings. The purpose of this article is to discuss section 299A and illustrate ways in which victims of crime participate in the parole process. The author also recommends ways in which victims’ rights in section 299A of the Criminal Procedure Act could be strengthened.

scholarly journals Alternative sanctions and measures in the criminal justice system of Slovenia

Temida ◽  
2006 ◽  
Vol 9 (1) ◽  
pp. 37-42 ◽  
Author(s):  
Alenka Selih
Keyword(s):  
Criminal Justice ◽  
Juvenile Offenders ◽  
Criminal Justice System ◽  
Justice System ◽  
Criminal Procedure ◽  
Criminal Code ◽  
Personal Factor ◽  
Judicial Practice ◽  
Alternative Measures ◽  
Alternative Sanctions

The paper presents the ways of introducing both material and procedural alternative measures into the criminal justice system of Slovenia from the beginning of 1990s, particularly into the Criminal Code and the Code of Criminal Procedure in 1995 (with the further amendments). That relates to both adult and juvenile offenders. Regarding implementation, the author emphasizes characteristics of the implementation of both groups of institutions; pays attention to the fact that procedural institutions are more important for prosecution of minor criminal offences; points out the importance of the personal factor that contributes to the implementation of new provisions; and gives an overview of the first experiment in the Slovenian judiciary related to that. The author gives an analysis of problems dealt with in the Slovenian doctrine and judicial practice in connection with alternative ways of proceeding; she points out, in particular, the imperfections of legal solutions; the unclear competences in implementation of alternative sanctions and problems resulting from such a situation.

1. Introduction

2018 ◽  
Author(s):  
Martin Hannibal ◽  
Lisa Mountford
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Criminal Procedure ◽  
Professional Conduct ◽  
Criminal Courts

This introductory chapter briefly sets out the volume’s purpose, which is to explain the legal, procedural and evidential rules governing how cases are dealt with by the criminal justice system. It then explains the philosophy of the text and its unique features; introduces the key personnel and organisations within the criminal justice system; introduces the Criminal Procedure Rules; explains the classification of offences according to their trial venue; summarizes the jurisdiction of the criminal courts; stresses the importance of the pervasive issue of human rights; and highlights professional conduct considerations in the context of criminal litigation.

scholarly journals Eavesdropping in the Iranian Criminal Justice System

2018 ◽  
Vol 5 (2) ◽  
pp. 60
Author(s):  
Mansour Rahmdel
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Criminal Procedure ◽  
Penal Code ◽  
Exact Nature ◽  
Human Beings ◽  
Procedure Code ◽  
The Individual ◽  
Full Protection

That the individual shall have full protection in person is a principle as old as the human beings life, but it has beenfound necessary from time to time to define anew the exact nature and extent of such protection. As civilizationadvanced, an individual’s feelings and intellect, as well as his physical being, came within the scope of the legal“right to be let alone.”Iranian Constitution has guaranteed individual’s rights and freedom and has explicitly referred to forbiddance ofeavesdropping and interception of conversations in its article 25. Article 582 of Penal Code ratified in 1996 hascriminalized eavesdropping by the governmental officials. Article 104 of Criminal Procedure Code, which wasabolished in 2014, referred to eavesdropping under the judge’s order. Article 150 of new criminal procedure coderatified in 2014, and came into force in October 2014, has provided adequate safeguards to protect the individual’srights.

A Critique of Search and Seizure in Terms of a Search Warrant in South African Criminal Procedure: A Comparative Analysis

2019 ◽  
Vol 27 (4) ◽  
pp. 497-521
Author(s):  
Vinesh Basdeo
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
South African ◽  
Justice System ◽  
Criminal Procedure ◽  
Primary Objective ◽  
Search And Seizure ◽  
The South ◽  
Judicial Scrutiny ◽  
Search Warrant

The primary objective of this article is to determine whether the search and seizure measures employed in the South African criminal justice system are in need of any reform and/or augmentation in accordance with the ‘spirit, purport and object’ of the Constitution. This article analyses ‘search and seizure’ in the South African criminal justice system as is made possible by Chapter 2 of the Criminal Procedure Act 51 of 1977, which provides for search warrants, the entering of premises, and the seizure, of property connected with offences. It determines whether the required judicial scrutiny provides a real control upon the exercise of search and seizure powers. Search and seizure legal principles extracted from American criminal procedure will also be analysed for comparative purposes.

scholarly journals Policy Formulations of the Fisheries Criminal Act: An Investigation of the Authority of the Criminal Justice System in Indonesia

2014 ◽  
Vol 2 (1) ◽  
pp. 165
Author(s):  
Deassy J. A. Hehanussa ◽  
Koesno Adi ◽  
Masruchin Ruba’i ◽  
Pridja Djatmika
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Justice System ◽  
Justice System ◽  
Criminal Procedure ◽  
Civil Servant ◽  
Maritime Security ◽  
Public Prosecutor ◽  
Procedure Code ◽  
National Police

Law enforcement implementation of fisheries criminal act especially for investigation based on Article 73 (1) of Law No. 45 of 2009 is executed by Fishery Civil Servant Investigator (PPNS), Investigator of Indonesian Navy officer and/or Investigator of Indonesian National Police. This investigation authority is called as attribution authority meaning that the authority is granted by the order of law. This regulation grants the same authority to these three institutions to investigate and submit their investigation report to public prosecutor without any cohesive system in its implementation. If it is linked to Law No. 8 of 1981 as an illustration of criminal justice system of Indonesia which is referred as the basis of common and specific criminal law enforcement, it emerges juridical weakness as a consequence of regulation inconsistency including conflict of norm between Criminal Procedure Code (KUHAP) and Fisheries Act. This inconsistency emerges conflict of authority among those investigators and emerges law indeterminacy. Hence, reformulate investigation authority of fisheries criminal act needs to be conducted along with paying attention on waters territory of Indonesia upon Law No. 6 of 1996 about Waters Territory of Indonesia despite law enforcement mechanism which had to be enforced corporately. This study result concludes that inconsistency of investigation authority formulation in fisheries criminal act in criminal justice system not only emerges fuzziness of norm but also conflict of norm between Law No. 8 of 1981 about Criminal Procedure Code and Law No. 45 of 2009. This emerges because there is an overlapping of investigation authority among 3 institutions, i.e., Fishery Civil Servant, Indonesian Navy and the Police. Formation team of Indonesian Maritime Security Coordinating Board (Bakorkamla) only has an authority as coordinating function. Hence, to maximize the law enforcement in the ocean, function of Indonesian Maritime Security Coordinating Board should be improved as a coordinator of law enforcement in ocean territory of Indonesia.

Facilitating Pretrial Justice in New Orleans

2011 ◽  
Vol 24 (1) ◽  
pp. 13-14 ◽  
Author(s):  
Jon Wool
Keyword(s):  
New York ◽  
New York City ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
New Orleans ◽  
York City ◽  
Justice System ◽  
City Government ◽  
Pretrial Detention ◽  
The City

New Orleans in 2011 finds itself facing many of the same problems New York City faced in 1961 when the founders of the Vera Institute of Justice launched the Manhattan Bail Project: Too many people are held in pretrial detention who could be released without risk to public safety; the reliance on bail results in disparate outcomes based on financial ability; and the unnecessary detention of thousands of defendants each year imposes excessive costs on the city government and taxpayers, as well as on those needlessly detained. Vera is now working with New Orleans stakeholders to develop a comprehensive pretrial services system. Following in the footsteps of the Manhattan Bail Project, the work will create a carefully conceived and locally sensitive pretrial services system, one that will result in a fairer and more efficient criminal justice system and a safer community.

scholarly journals The ‘Equality Of Arms’ In Macedonian Criminal Procedure

SEEU Review ◽  
2015 ◽  
Vol 11 (1) ◽  
pp. 123-130
Author(s):  
Olga Kosevaliska
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Case Studies ◽  
Justice System ◽  
Criminal Procedure ◽  
Core Values ◽  
Fair Trial ◽  
Public Hearing ◽  
The Core ◽  
The Right

Abstract The right to a fair trial is implemented in our criminal procedure and is one of the core values of our criminal justice system. This right is absolute and can’t be limited on any legal base. Its essence is fair and public hearing by an independent and impartial court with guaranteeing of all the minimum rights of the defendant. One of those minimum rights is the right of equity of arms between the parties, the prosecutor and the defense. In our Law on Criminal Procedure, it is provided that the defense has the same rights and duties as the prosecutor except those rights that belong to the prosecutor as a state authority. Therefore, the purpose of this article is elaborating the right of ‘equity of arms’ and its misunderstanding in practice. Hence, we intend to show some case studies in which some evidence are not considered by the court just because they are not proposed by the prosecutor and they are crucial for the verdict.

Forcible Rape

1977 ◽  
Vol 23 (2) ◽  
pp. 136-153 ◽  
Author(s):  
Gerald D. Robin
Keyword(s):  
Criminal Justice ◽  
Sexual Assault ◽  
Criminal Justice System ◽  
Justice System ◽  
Reasonable Doubt ◽  
Rape Victims ◽  
Basic Definition ◽  
Standard Of Proof ◽  
Legal Position ◽  
Definition Of

Forcible rape is unique among crimes in the manner in which its victims are dealt with by the criminal justice system. Raped women are subjected to an institutionalized sexism that begins with their treatment by the police, continues through a male-dominated criminal justice system influenced by pseudo-scientific notions of victim precipitation, and ends with the systematic acquittal of many de facto guilty rapists. The codification of sexism centers in the legal elements involved in proving guilt and obtaining convictions. In effect, the law's focus upon corrob oration, consent, and character has established a standard of proof in rape cases that is more stringent than "beyond a reasonable doubt." Nonetheless, the processing of rape victims by the criminal justice system is gradually becoming more sensitive, facilitative, and reflective of the trauma experienced by the women involved. The legal position toward the crime is also becoming less sexist and more responsive to the realities involved in sexual assault. Both of these changes have come about through the efforts of the women's liberation movement. The most promising means for achieving more humane and dignified treatment of rape victims in the arms of the law have been "rape crisis centers." This approach to eliminating institutionalized sexism surrounding forcible rape has been significantly aided and abetted by successful attempts to modify the basic definition of the crime and to revise the legal elements needed for conviction.

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