scholarly journals THE PERCEPTIONS OF INDONESIAN JUDGES IN SENTENCING MINOR DRUG OFFENDERS: CHALLENGES AND OPPORTUNITIES

2020 ◽  
Vol 9 (1) ◽  
pp. 1
Author(s):  
Cecep Mustafa

This paper presents the perceptions of Indonesian Judges in sentencing minor drug offenders. The judge holds a central role in the sentencing process, and because of the judicial discretion they can use it is essential to understand how judges come to their sentencing decisions. To develop an understanding of how judges perceive their actions in decision-making and sentencing of drug users, a total of 31 participants were interviewed. The data demonstrated that the majority of minor drug offenders are from poorer backgrounds. Poverty was found to lead people to the drug culture. Moreover, lack of understanding of the harm caused by taking drugs and living under drug prohibition were considered as contributing factors to people involved in minor drug offences. Thus, minor drug offenders are considered by judges as victims of their circumstances. Within structural inequality, the imposition of harsh sentencing to minor drug offenders who suffer from socio-economic problems raises issues surrounding justice. Within the current legal structure of Indonesian courts, which are primarily retributive and have drug prohibitionist policies, the majority of participating judges consider drug sentencing as reflecting those prohibitionist policies. However, a substantial minority of participating judges interpreted the form of the sentence within available limits. These findings will contribute to the sociological understanding of the context in which judicial culture shaped the formation of the judiciary as a group and the impact of Islamic culture on the participating judge’s positive preference for rehabilitative problem-solving in the Indonesian context.

Arena Hukum ◽  
2021 ◽  
Vol 14 (3) ◽  
pp. 479-499
Author(s):  
Rita Komalasari ◽  
Nurhayati Nurhayati ◽  
Cecep Mustafa

This article presents the perceptions of Indonesian Judges in sentencing minor drug offenders. The judge holds a central role in the sentencing process, and because of the judicial discretion they can use it is essential to understand how judges come to their sentencing decisions. To develop an understanding of how judges perceive their actions in decision-making and sentencing of drug users, a total of 31 participants were interviewed. The data demonstrated that justice is presented as conditional, depending on various influencing factors that are primarily, though not entirely, one of tension and contradiction. One of the factors that influence the judge's decision is politics and the legal apparatus. This article contributes to the perception of judges who are influenced by juridical and sociological factors.


1999 ◽  
Vol 45 (1) ◽  
pp. 82-98 ◽  
Author(s):  
James W. Marquart ◽  
Victoria E. Brewer ◽  
Janet Mullings ◽  
Ben M. Crouch

This study examined the relationship between offense, prior drug taking, and HIV/AIDS-related risk behavior among women prisoners. Women drug offenders in this study engaged in numerous high-risk drug and sexual behaviors. Many had engaged in injection drug use and prostitution. Recent drug control policies, grounded in deterrence and based on harsh legal penalties, have led to the incarceration of numerous offenders who are low criminal risks but represent major public health risks on release. Criminal justice policies penalizing drug users may be contributing factors to the spread of HIV infection in the wider society.


2009 ◽  
Vol 9 (2) ◽  
pp. 19-23 ◽  
Author(s):  
Iain McPhee ◽  
Tim Duffy ◽  
Colin Martin

This study explored the perspectives of low‐level drug market users on the availability, purchase and consumption of illicit drugs within the social context of drug prohibition. A snowballing technique was used to recruit 16 participants consisting of nine males and seven females aged between 17 and 43. A semi‐structured interview process elicited their views on their use of drugs, where they obtained them, their views on the impact of the criminal justice system on their drug use and finally their views on how drug users were perceived by non‐drug users. While some negative consequences of using drugs were reported, no participant considered that their use of drugs made them an addict, a criminal or antisocial. The findings from this study suggest that current punitive drug policy, which links drug use with addiction, crime and antisocial behaviour was inconsistent with the experience of the participants.


Crisis ◽  
1999 ◽  
Vol 20 (2) ◽  
pp. 78-85 ◽  
Author(s):  
Thomas Reisch ◽  
Petra Schlatter ◽  
Wolfgang Tschacher

This study assesses the efficacy of the treatment approach implemented in the Bern Crisis Intervention Program, where particular emphasis is placed on the remediation of suicide ideation and suicidal behavior, and depression, fear, and phobia are generally considered to be contributing factors. Four questionnaires addressing psychopathology, emotional well-being, social anxiety, and personality were administered prior to and after the treatment of 51 patients over a period of 2 to 3 weeks. The reduction of symptoms contributing to suicidal ideation and behavior was interpreted as indirect evidence of an antisuicidal effect of the program. Significant improvements were found in the psychopathology ratings, with depression and anxiety showing the largest reductions. The impact on personality and social phobia, however, was only moderate, and on average patients still exhibited symptoms after attending the program. This residual symptomatology points to the necessity of introducing a two-step therapy approach of intensive intervention targeted at the precipitating causes of the crisis, augmented by long-term therapy to treat underlying problems.


2019 ◽  
Vol 32 (2) ◽  
pp. 76-85
Author(s):  
Sarah French Russell

Under the First Step Act of 2018, federal prisoners may now petition courts directly for reduction of their sentences, and judges may grant such requests if “extraordinary and compelling reasons” support reduction. Judges are also in the process of imposing reduced sentences in thousands of cases where the First Step Act has retroactively reduced statutory penalties. Not only does the First Step Act offer prisoners new opportunities for sentence reduction, but the law also may change how federal judges understand the impact of their sentencing decisions. Before now, in federal cases, judges rarely had the chance to take a second look at the prison sentences they (or their colleagues) imposed. Encounters between judges and the people they sentenced typically occurred only if a person violated the terms of supervised release after leaving prison. Now, judges can reassess sentence length while someone is still in prison and evaluate whether a reduction in the sentence is warranted. This newfound power allows judges to see their sentencing decisions in a new light and may influence how they conceive of the prison time they impose in future cases.


2018 ◽  
Author(s):  
Andrew S. Fox ◽  
Regina Lapate ◽  
Alexander J. Shackman ◽  
Richard J Davidson

Emotion is a core feature of the human condition, with profound consequences for health, wealth, and wellbeing. Over the past quarter-century, improved methods for manipulating and measuring different features of emotion have yielded steady advances in our scientific understanding emotional states, traits, and disorders. Yet, it is clear that most of the work remains undone. Here, we highlight key challenges facing the field of affective sciences. Addressing these challenges will provide critical opportunities not just for understanding the mind, but also for increasing the impact of the affective sciences on public health and well-being.


Emerging technologies have always played an important role in armed conflict. From the crossbow to cyber capabilities, technology that could be weaponized to create an advantage over an adversary has inevitably found its way into military arsenals for use in armed conflict. The weaponization of emerging technologies, however, raises challenging legal issues with respect to the law of armed conflict. As States continue to develop and exploit new technologies, how will the law of armed conflict address the use of these technologies on the battlefield? Is existing law sufficient to regulate new technologies, such as cyber capabilities, autonomous weapons systems, and artificial intelligence? Have emerging technologies fundamentally altered the way we should understand concepts such as law-of-war precautions and the principle of distinction? How can we ensure compliance and accountability in light of technological advancement? This book explores these critical questions while highlighting the legal challenges—and opportunities—presented by the use of emerging technologies on the battlefield.


2021 ◽  
Vol 13 (15) ◽  
pp. 8246
Author(s):  
Marta Gemma Nel-lo Andreu ◽  
Alba Font-Barnet ◽  
Marc Espasa Roca

Following a long history of using various strategies and policies for diversification and seasonal adjustment in the face of the challenges of achieving economic, social, and environmental sustainability, sun and beach destinations should also consider targeting the wellness tourism market as a post pandemic opportunity and long-term solution. Salou is a mature sun and beach destination in the Mediterranean, but one which, for some time, has had an increasing commitment to family and sports tourism as a result of a strategic renewal process. Now, with the impact of the coronavirus pandemic, the destination management organization is considering the evolution of the model, the internalization of sustainability as a fundamental value, and the impact of different markets. In this study, we examined the challenges the Salou Tourist Board has faced during the development of a post pandemic model for sustainable tourism and what strategies it has adopted in response. We also considered the opportunities and competitive advantages that Salou has in the field of wellness tourism. The results obtained should encourage the continuation of work that promotes the environmental axis of sustainability and adds value to the natural resources on which it depends, including the sea and the landscape, while maintaining the environmental quality of the resources.


Fermentation ◽  
2021 ◽  
Vol 7 (1) ◽  
pp. 21
Author(s):  
Tinashe Mangwanda ◽  
Joel B. Johnson ◽  
Janice S. Mani ◽  
Steve Jackson ◽  
Shaneel Chandra ◽  
...  

The rum industry is currently worth USD 16 billion, with production concentrated in tropical countries of the Caribbean and Asia-Pacific regions. The primary feedstock for rum production is sugar cane molasses, a by-product of sugar refineries. The main variables known to affect rum quality include the composition of the molasses, the length of fermentation, and the type of barrels and length of time used for aging the rum. The goal of this review is to provide an overview of the impact of these variables on rum quality, and to highlight current challenges and opportunities in the production of rum from molasses. In order to achieve this, we review the relevant contemporary scientific literature on these topics. The major contemporary challenges in the rum production industry include minimising the effects of variability in feedstock quality, ensuring the fermentation process runs to completion, preventing microbial contamination, and the selection and maintenance of yeast strains providing optimum ethanol production. Stringent quality management practices are required to ensure consistency in the quality and organoleptic properties of the rum from batch to batch. Further research is required to fully understand the influences of many of these variables on the final quality of the rum produced.


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