scholarly journals The Collapse of the State Criminal Justice System and Rise of Private Violence and Crime: A Roman Historical Case

2017 ◽  
Vol 14 (2) ◽  
pp. 97-122
Author(s):  
윤민우
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
The State ◽  
Historical Case

scholarly journals TINJAUAN YURIDIS EKSISTENSI HAKIM PENGAWAS DAN PENGAMAT DALAM SISTEM PERADILAN PIDANA INDONESIA

FIAT JUSTISIA ◽  
2016 ◽  
Vol 1 (2) ◽  
Author(s):  
Maroni Maroni
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
The State ◽  
Court Decisions ◽  
Procedural Law

Monitoring and observation of court decisions made by judges is a new institution in the criminal procedural law in Indonesia. Through monitoring and observation of expected gaps (gap) between what the judge decided and reality implementation of the criminal in prison can be bridged. Judges will be brought closer to the prosecutors and corrections officials so that judges can follow the development of the state of the convict. Keywords: Judge, Supervisor and Observer, the Criminal Justice System

West Belfast

The Hoods ◽  
2018 ◽  
Author(s):  
Heather Hamill
Keyword(s):  
Criminal Justice ◽  
Working Class ◽  
Criminal Justice System ◽  
Justice System ◽  
Political Conflict ◽  
The State ◽  
The Political ◽  
Irish Republican Army

This chapter argues that, from the early days of the political conflict in the 1970s the conditions were such that the Irish Republican Army (IRA) adopted some of the functions of the state, namely the provision of policing and punishment of ordinary crime. The hostility of the statutory criminal justice system, particularly the police, toward the working-class Catholic community dramatically increased the costs of using state services. The high levels of disaffection and aggression among working-class Catholics toward the police meant that the state could no longer fulfill its function and police the community in any “normal” way. A demand for policing therefore existed. Simultaneously, this demand was met and fostered by the IRA, which had the motivation, the manpower, and the monopoly on the use of violence necessary to carry out this role.

Criminology in the Arab World: Misconceptions, Nuances and Future Prospects

2019 ◽  
Vol 60 (3) ◽  
pp. 519-536
Author(s):  
Nabil Ouassini ◽  
Anwar Ouassini
Keyword(s):  
Economic Development ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Arab World ◽  
The State ◽  
Religious Violence ◽  
Future Prospects ◽  
Comparative Criminology

Abstract In the protests that occurred throughout the Arab world, the criminal justice system has been the focal contention between citizens and the state. However, the notoriety of Arab regimes has compelled academics to devote their endeavours to political/religious violence, economic development/stagnation and the durability of undemocratic systems that has inhibited the production of criminological scholarship. The study of criminology in the Arab world is critical and necessitates special attention. The following article propounds the establishment of an Arab criminology sub-field that highlights strategies in research in the region, evaluates the current approaches, addresses the challenges and examines its implications on southern, international and comparative criminology.

‘Coercive confinement’: An idea whose time has come?

Incarceration ◽  
2020 ◽  
Vol 1 (1) ◽  
pp. 263266632093644 ◽  
Author(s):  
Ian O’Donnell ◽  
Eoin O’Sullivan
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Asylum Seekers ◽  
Justice System ◽  
Psychiatric Hospitals ◽  
The State ◽  
Carceral State ◽  
National Programme

This article argues in favour of ‘coercive confinement’ as a useful addition to the criminological lexicon. It suggests that to properly understand a country’s level of punitiveness requires consideration of a range of institutions that fall outside the remit of the formal criminal justice system. It also requires a generous longitudinal focus. Using Ireland as a case study, such an approach reveals that since the foundation of the state, the prison has gradually become ascendant. This might be read to imply a punitive turn. But when a broader view is taken to include involuntary detention in psychiatric hospitals, confinement in Magdalen homes and mother and baby homes, and detention in industrial and reformatory schools, the trajectory is strongly downward. This might be read to imply a national programme of decarceration. (In recent years, asylum seekers have been held in congregate settings that are experienced as prison-like and they must be factored into the analysis.) While some of these institutions may have been used with peculiar enthusiasm in Ireland, none are Irish inventions. It would be profitable to extend the idea of ‘coercive confinement’ to other nations with a view to adding some necessary nuance to our understanding of the reach and grip of the carceral state.

The Muddied Path between the Criminal Court and the State Hospital

1980 ◽  
Vol 8 (4) ◽  
pp. 389-411
Author(s):  
Jeffrey L. Geller
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
State Hospital ◽  
Treatment Program ◽  
Professional Education ◽  
Justice System ◽  
Community Care ◽  
Community Education ◽  
Criminal Court ◽  
The State

The court's use of the state hospital has been characterized by misuse of criminal commitment statutes to gain admission for defendants. The author examines this process by focusing on the interaction between hospital and court during a 1-month period. The outcome indicates that despite the best intentions of both the legal and the psychiatric professions, criminal commitments yield neither a treatment program nor an aftercare plan. Specific suggestions concerning professional education, forensic services, chronic community care, and community education are made with a focus toward the diminution of inappropriate referrals to the state hospital by the criminal justice system.

scholarly journals A Critical Study on Implementation of Section 357A of the Criminal Procedure Code with reference to the Rights of the Victims

2021 ◽  
Vol 6 (9) ◽  
pp. 45-56
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Criminal Procedure ◽  
The State ◽  
Judicial System ◽  
Critical Study ◽  
Legal Service ◽  
Procedure Code

It is a weakness of our jurisprudence that the victims of the crimes, and the distress of the dependants of the prisoner, do not attract the attention of the law .The District Legal Service Authority (DLSA) or the State Legal Service Authority (SLSA) needs to decide the quantum of compensation to be given under the scheme. Section 357A was a necessary enactment, and is useful, because the victim need not prove his case to get compensation under this section, which should hasten the process, but unfortunately the scheme is not being implemented completely. This paper analyses the plight of the victims of crimes under the Indian Criminal Justice System, and the importance of section 357A for protection of their rights. It further argues that that the scheme is not being implemented properly, and there is a lack of uniformity in the statute of each state. The verification procedure of these states is justified only if it does not hinder the compensation of a genuine victim. It explains the importance of immediate compensation, and the role of judiciary in the journey from the enactment to implementation of any scheme and statute. This paper concludes by suggesting changes that could be brought into the Indian Criminal judicial system for the betterment of the victim’s right and society atlarge.

scholarly journals Keadilan Anak Perspektif Undang-Undang No.11 Tahun 2012 tentang Sistem Peradilan Anak

2017 ◽  
Vol 1 (02) ◽  
pp. 255
Author(s):  
Elfa Murdiana
Keyword(s):  
Criminal Justice ◽  
Data Collection ◽  
Criminal Justice System ◽  
Justice System ◽  
Implementation Strategies ◽  
The State ◽  
State Court ◽  
Library Research ◽  
Data Collection Technique ◽  
Special Space

Being introduced the concept of diversion arranged in constitution of child criminal justice system 2012 gives the different nuance for the implementation of child criminal justice system in Indonesia. Therefore, the implementation of diversion concept becomes a definiteness that must be noticed. In realizing the retroactive justice for children, the implementation of law becomes one of the important components. Thus, it is need to be understood the strategy of implementation carried out by the upholder as the law structure. This is a library research by using documentation as the data collection technique. The result of the research shows that the preparation of facilities and infrastructure in handling the diversion problem for children is one of the implementation strategies done by the state court of Metro. Whereas, the investigation in police resort of Metro has not had special space used, so that it can be one of the constraint faced by the institution of diversion implementer if considered from the culture aspect.

scholarly journals Criminal Punishment Without Civil Rights: The Criminal Proceeds and Instruments Bill's Punitive Civil Sanctions

2006 ◽  
Vol 37 (4) ◽  
pp. 623
Author(s):  
Peter Wright
Keyword(s):  
Criminal Justice ◽  
Civil Rights ◽  
Criminal Justice System ◽  
Justice System ◽  
The State ◽  
Reasonable Doubt ◽  
Double Jeopardy ◽  
Criminal Offending ◽  
Criminal Punishment

This article critiques the Criminal Proceeds and Instruments Bill 2005 which introduces a civil forfeiture regime for the proceeds of serious criminal offending. By using a civil forfeiture regime, many of the protections normally granted to criminal defendants are not available, which makes successful action by the State easier. This article argues that the Bill's civil forfeiture regime risks seriously abrogating individuals' rights, including those arising from the requirement for proof beyond a reasonable doubt and the prohibitions on double jeopardy and retrospective punishment. The article concludes that the confiscation of criminals' assets should take place within the criminal justice system to ensure that there are proper protections for defendants.

scholarly journals Handling of children by diversion in children protection (Diversion and Restorative Justice)

2021 ◽  
Vol 10 (1) ◽  
pp. e26010111826
Author(s):  
Tito Eliandi ◽  
Teguh Prasetyo ◽  
Otto Yudianto
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Human Life ◽  
The State ◽  
Best Interests ◽  
Community Relations ◽  
Criminal Cases ◽  
State Functions

The best treatment for children who should be lived, with the best interests for the sustainability of human life. In handling criminal cases, the restorative justice approach provides different views and approaches to studying and dealing with a criminal act for the handling of restorative justice, that criminal acts are essentially from the viewpoint of criminal law in general, namely attacks on individuals and society as well as community relations. In restorative justice, it can also be found that the features of the formulation of justice are related to rights, judged by results. This meaning has brought a paradigm shift in understanding the concept of providing justice that is in the criminal justice system, it’s said that because in the concept of the criminal justice system in general, justice is considered to have been achieved, the value of the perpetrator can be sanctioned by the state and the victim doesn’t have a place in the settlement process, meanwhile. In the concept of a framework of restorative justice, perpetrators of criminal acts, victims and the whole community are involved in resolving criminal acts directly and focusing on recovery suffered by victims, while the state functions as a facilitator in the process of resolving criminal acts.

scholarly journals Prosecutorial independence, discretion and strategy in the Commonwealth of the Bahamas

2019 ◽  
Vol 11 (2) ◽  
pp. 227-250
Author(s):  
David Baxter Bakibinga
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Common Law ◽  
Attorney General ◽  
The State ◽  
The Bahamas ◽  
National Constitution

The concepts of prosecutorial independence, discretion and strategy are considered the cornerstones of an effective and efficient criminal justice system under common law. To this end the state of the Commonwealth of the Bahamas amended its national constitution and established an independent office of the Director of Public Prosecutions (ODPP). The ODPP must have appropriate policy-legal and organizational frameworks to enable it enhance its independence from the office of the Attorney General (AG). This paper explores how the constitutional framework promotes the independence of the ODPP Bahamas and any claw backs. A comparison is made with other independent ODPPs such as Uganda. The last part of the paper examines strategies adopted by ODPP Bahamas that are meant to enhance prosecutorial independence and discretion.

Sign in / Sign up

Export Citation Format

Share Document