Wrongful Convictions and Upstream Reform in the Criminal Justice System

The DNA exonerations of the late twentieth century spawned a reform movement arguably as influential in the American criminal justice system as the Warren Court criminal procedure revolution. The goal of innocence reform is to prevent wrongful convictions by increasing the reliability of criminal justice system operations. A basic tenet of the adversary system of justice is that an adversary trial will expose and correct factual errors with procedural tools, such as the exclusion of unreliable evidence, vigorous cross-examination of witnesses, and the introduction of expert testimony. However, DNA exonerations have undermined faith in the capacity of the adversary trial system to produce reliable results—shifting the focus “upstream” in the criminal justice system to earlier stages of law enforcement investigations. Upstream reforms target law enforcement investigative practices for improvements that will reduce or eliminate the production of unreliable evidence that will later need to be excluded, attacked, or explained at trial.

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An Analysis of a Lay Adjudication System and Open Judiciary

Achieving Open Justice through Citizen Participation and Transparency - Advances in Public Policy and Administration ◽

10.4018/978-1-5225-0717-8.ch005 ◽

2017 ◽

pp. 93-109

Author(s):

Yumiko Kita

Keyword(s):

Twentieth Century ◽

Criminal Justice ◽

Criminal Justice System ◽

Justice System ◽

Late Twentieth ◽

Concepts Of Democracy ◽

Criminal Matters ◽

Late Twentieth Century ◽

New System

This paper presents analyses of impacts of lay adjudicators' participation in criminal matters in Japan due to the introduction of the new lay adjudication system – the Citizen Judge System [Saiban-in Seido] – in 2009. Since the late twentieth century, the introduction of the lay adjudication system seems to have been in international movement democratising the criminal justice system. This paper is devoted to an evaluation of the new system in terms of the balance between the concepts of democracy and a fair trial with consideration of the citizen judge procedures and the role of the citizen judges. In view of the closed nature of the Japanese criminal procedures and secrecy in the citizen judge system, this study will point out the challenges which prevent the fulfilment of democratic values in the practice of the citizen judge system.

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An Analysis of a Lay Adjudication System and Open Judiciary

Open Government ◽

10.4018/978-1-5225-9860-2.ch114 ◽

2020 ◽

pp. 2522-2538

Author(s):

Yumiko Kita

Keyword(s):

Twentieth Century ◽

Criminal Justice ◽

Criminal Justice System ◽

Justice System ◽

Late Twentieth ◽

Concepts Of Democracy ◽

Criminal Matters ◽

Late Twentieth Century ◽

New System

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ANAK NAKAL: DIVERSI DAN DILEMA PENERAPANNYA

Jurnal Hukum & Pembangunan ◽

10.21143/jhp.vol39.no4.290 ◽

2009 ◽

Vol 39 (4) ◽

pp. 418

Author(s):

Eva Achjani Zulfa

Keyword(s):

Criminal Justice ◽

Law Enforcement ◽

Criminal Justice System ◽

Justice System ◽

Law Enforcement Officers ◽

Management Policy ◽

Criminal Case ◽

Judicial Process ◽

Law Enforcement Officials ◽

Discourse Management

AbstrakHandling problems through brat children and children who have problems with the law have occurred again when some kids sticking a gamble being arrested at near Soekarno Hatta Airport areas then processed into the judicial process. Diversion is a form of change the process by which a program can only take place on hold pre-adjudication in the criminal justice system. Forms of transfer or diversion of this case are indeed associated with the authority possessed discretion of law enforcement officers. Giddiness has appeared in the process of implementation of diversion by law enforcement officials, the search for forms of application of the criminal case handlingchild has become a growing discourse management. Policy taken toward the institution of criminal diversion not only becomes demand for law enforcement officers, but also must be institutionalized through plain legal mechanisms. It becomes author's concern to create more certain procedures to brighten solve on deviant children in this way

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SURAT PERINTAH PENGHENTIAN PENYIDIKAN (SP3) DALAM PEMBERANTASAN TINDAK PIDANA KORUPSI

Jurnal Magister Hukum Udayana (Udayana Master Law Journal) ◽

10.24843/jmhu.2014.v03.i01.p06 ◽

2014 ◽

Vol 3 (1) ◽

Author(s):

I Dewa Gede Dana Sugama

Keyword(s):

Criminal Justice ◽

Law Enforcement ◽

Criminal Justice System ◽

Justice System ◽

Corruption Case ◽

Prudence Principle ◽

Independent Institutions

This study discusses about Inadequacy Corruption Eradication Commission In Issuing Warrant Termination of Investigation In Corruption Case. The Commission is authorized to issue a warrant termination of the investigation and to determine the actions taken when the Commission which investigated corruption Commission was not enough evidence. The conclusion of this study is, first Corruption Eradication Commission is authorized to issue an Order for Termination of Investigation in accordance with Article 40 of Law No. 30 Year 2002 about Corruption Eradication Commission, consideration of the logic of juridical is that the Commission is not a core law enforcement within the criminal justice system and just as independent institutions that can be dismissed if there is no corruption in our country. The arrangement of Article 40 of Law No. 30 of 2002 is prudential or attitude of prudence principle for the Commission to work accurately, efficiently and professionally

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Comparing Plea Bargaining and Abbreviated Trial Procedures

The Oxford Handbook of Criminal Process ◽

10.1093/oxfordhb/9780190659837.013.37 ◽

2019 ◽

pp. 702-727

Author(s):

Gwladys Gilliéron

Keyword(s):

United States ◽

Criminal Justice ◽

Criminal Justice System ◽

Justice System ◽

Civil Law ◽

Plea Bargaining ◽

The United States ◽

Wrongful Convictions ◽

The U.S

This chapter compares U.S. plea bargaining with plea-bargaining-type procedures and penal orders in Continental Europe, with reference to Switzerland, Germany, and France. It first considers consensual criminal procedures across jurisdictions and why they exist, focusing on plea bargaining in the U.S. criminal justice system and abbreviated trial procedures in European civil law systems. It then examines the extent to which abbreviated trial procedures in civil law systems differ from plea bargaining in the U.S. system, the problems inherent in consensual criminal procedures, and the question of whether there are any solutions. In particular, it explains how plea bargaining and penal orders may lead to wrongful convictions. Finally, it discusses prospects for reform of plea bargaining in the United States and in civil law systems in Europe.

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

International Journal of Social Science Research ◽

10.5296/ijssr.v2i1.5329 ◽

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.

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Combating Rx Drug Misuse: Incarcerated Women’s Proactive and Reactive Policy Recommendations

Criminal Justice Policy Review ◽

10.1177/0887403418786549 ◽

2018 ◽

Vol 30 (8) ◽

pp. 1229-1249

Author(s):

Jennifer Gatewood Owens ◽

Michelle Smirnova

Keyword(s):

Criminal Justice ◽

Law Enforcement ◽

Criminal Justice System ◽

Justice System ◽

Incarcerated Women ◽

Drug Misuse ◽

Drug Control ◽

Medical Professionals ◽

Policy Recommendations ◽

Structured Interviews

Given the rapid increase in prescription (Rx) drug misuse, overdose, and drug-related arrests, the purpose of this study is to identify strategies to combat Rx misuse from the perspective of former Rx drug misusers who are presently incarcerated. Using semi-structured interviews, we elicited such recommendations from 33 incarcerated women in the Midwest with histories of Rx drug misuse. The policy recommendations put forth by the women tended to be proactive rather than reactive and focused upon more vigilant surveillance and prevention efforts by medical professionals. While there was little mention of the criminal justice system or incarceration, women did also advocate for better treatment and rehabilitation options. Users affected by Rx misuse suggested more proactive approaches in dealing with Rx misuse that would ultimately shift drug control responsibilities from law enforcement to doctors.

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An Extension of Power: Criminal Justice, Law Enforcement, and Elite Rule in the South Carolina Lowcountry on the Eve of the American Revolution

Journal of Early American History ◽

10.1163/187707011x592273 ◽

2011 ◽

Vol 1 (3) ◽

pp. 241-281

Author(s):

Aaron J. Palmer

Keyword(s):

South Carolina ◽

Criminal Justice ◽

Law Enforcement ◽

Criminal Justice System ◽

Justice System ◽

Political Power ◽

Property Crime ◽

Vast Number ◽

Important Extension ◽

Do So

AbstractSouth Carolina's highly centralized and effective criminal justice system was an important extension of elite political power throughout the colony. It served two major functions: first, it served to protect property, the ultimate source of political power for the planter and merchant classes who ruled South Carolina as it supplied wealth, social status and the opportunity to hold high office. Second, by protecting property (even though the system often focused on elite property) and upholding order, the lowcountry elite united their interests with the interests of the general population who would also benefit from protection against property crime and disorder. Since the lowcountry elite also had to control a vast number of slaves and had to rely on all of the colony's white population to do so, providing effective government could serve as an important way to cultivate popular support. This paper examines the workings of South Carolina's criminal justice system and that system's priorities. By studying patterns in prosecution and punishment, one can see that the courts successfully attended to elite priorities.

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Criminal offenses - a new institute of criminal legislation of Ukraine

Law. Human. Environment ◽

10.31548/law2020.04.017 ◽

2020 ◽

Vol 11 (4) ◽

Author(s):

Kovalova Svitlana ◽

Keyword(s):

Criminal Justice ◽

Law Enforcement ◽

Criminal Justice System ◽

Justice System ◽

Criminal Proceedings ◽

Criminal Offense ◽

Criminal Offenses ◽

Criminal Legislation

The article analyzes the feasibility of introducing the institution of criminal offense. The focus is on reforming the criminal justice system. It was found out that one of the directions of reforming the criminal justice of Ukraine is the introduction of the institute of criminal misdemeanor in the criminal legislation. According to the results of the study, different approaches to the expediency of establishing liability for misconduct in the criminal legislation of Ukraine have been identified. It is reasonable that changing the understanding of the concept of crime and the criteria for its evaluation is not an easy path, but in today's conditions the introduction of criminal offenses is a progressive, timely and unalterable step, as no scientific developments can solve law enforcement problems. Keywords: criminal proceedings, institute of criminal offense, crime, reforming, criminal legislation, Concept of reforms, criminal justice

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Ideals and interests of participants in the digitalization of criminal proceedings

Courier of the Kutafin Moscow State Law University ◽

10.17803/2311-5998.2020.74.10.066-073 ◽

2020 ◽

pp. 66-73

Author(s):

V. I. Przhilenskiy ◽

I. B. Przhilenskaya

Keyword(s):

Criminal Justice ◽

Law Enforcement ◽

Criminal Justice System ◽

Justice System ◽

Digital Technologies ◽

Criminal Proceedings ◽

Criminal Process

The interaction of individuals, structures and collectives in the course of digitalization of the criminal process is analyzed. The goals of various participants in the process of introducing digital technologies into criminal proceedings are considered. It is concluded that it is necessary to timely identify all the stakeholders of digitalization and other actors involved in this process, the thesis is substantiated that it is expedient to take into account and agree on strategies in order to give consistency, predictability and controllability to the digitalization process of the criminal procedural sphere of law enforcement. Thus, the readiness of the criminal justice system for the planned and actually ongoing digitalization is being tested.

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