A Comparative Study of Search and Seizure Warrant System in Korean and American Criminal Justice Procedure

Author(s):  
Sang-Su Lee
2011 ◽  
Vol 36 (4) ◽  
pp. 533-544
Author(s):  
Craig Hemmens ◽  
Jonathan Bolen

During its 2010 term, the United State Supreme Court decided 28 cases that dealt with a criminal justice-related issue. While a number of these decisions will have only a slight impact on the daily administration of justice, there were several significant cases involving criminal justice-related topics such as search and seizure, interrogations, and sentencing. We present a summary and analysis of the most significant decisions involving criminal justice. The cases are divided, somewhat roughly, into categories.


2019 ◽  
Vol 27 (4) ◽  
pp. 497-521
Author(s):  
Vinesh Basdeo

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.


Yuridika ◽  
2017 ◽  
Vol 31 (3) ◽  
pp. 401 ◽  
Author(s):  
Karim Karim

The handling of the minor criminal act case settlement tends to be conducted as a general crimanal act because it is only focused on criminal responsibility of perpetrators which is based on the responsibility of their actions and faults, without considering the quality orvalues of the crime objects, so it breaks the sense of justice in society. Whereas, basically a minor criminal act is a simple and harmless criminal act, and it just cause merely little losses of the victims. For this reason, an alternative case settlement of the minor criminal act is needed by restorative justice approach which has a more emphasis on the creation of conditions of fairness and balance between the perpetrator to the victim. Because the current criminal justice procedure focuses solely on criminal prosecution and ignores the interests of the victim, thus it is transformed into a process of dialogue / mediation, involving the victim to create a fairer and more balanced minor criminal act case settlement.The criteria for completing the criminal cases through restorative justice is that the perpetrator is not punished .In other words through this restorative models, perpetrator does not need to go to jail if the interests of the victim and the loss have been restored or have been recovered, the victim and the community have forgiven, while the perpetrator has expressed regret.


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