“Visible” and “Invisible” Victims in the Criminal Justice System

2021 ◽  
pp. 1-23
Author(s):  
Armando Saponaro
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Common Law ◽  
The United States ◽  
Public Prosecutor ◽  
Law System ◽  
The Public ◽  
The United Kingdom ◽  
Victim Impact Statement

This chapter outlines the “conflict” and “peace-keeping” victim-oriented justice paradigms. The latter empowers the victims of crime, putting them at the center of an encounter and using interindividual mediation or collective circles to address conflict resolution. Two models are critically discussed in the conflict victim-oriented justice paradigm. The European continental “visible victim” model structures the role of the victim as a full-fledged processual party together with the public prosecutor and offender. In this model, the victim has the same rights and powers of the defendant. The “invisible victim” common law model views the victim as a trial witness, participating, for example, through a victim impact statement (in the United States) or victim personal statement (in the United Kingdom) at the sentencing stage. The visible victim conflict paradigm model enhances a victim's role and involvement in the criminal justice system, offering a solution to existing controversial and critical common law system issues.

scholarly journals role of the public prosecutor in the United States

2020 ◽  
Vol 12 (1) ◽  
pp. 253-263
Author(s):  
Michael C. Kovac
Keyword(s):  
United States ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Case Law ◽  
The United States ◽  
Public Prosecutor ◽  
Common Goal ◽  
The Public

Prosecutors in the United States play multifaceted roles in their criminal justice system. They provide guidance during the investigative stages of cases, lead the prosecution of cases in the country’s adversarial proceedings, police their own profession, and lead legislative efforts aimed at making the system more just for all involved. There are separate prosecuting offices for the separate sovereignties located within the countries. Statutes, constitutions, and case law establish the rights and duties of those separate offices. All prosecuting offices in the United States share the pursuit of justice as their common goal.

scholarly journals The State’s Economic Protection by the Criminal Justice System Corruption: A Case Study

2020 ◽  
Vol 16 (1) ◽  
pp. 59-69
Author(s):  
Kamri Ahmad ◽  
Hambali Thalib ◽  
Mursyid Muchtra
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Economic Security ◽  
Public Prosecutor ◽  
The Public ◽  
The Supreme Court ◽  
Nickel Mining ◽  
Financial Losses

This study aims to identify efforts to protect the state's economic security through the criminal justice system in the case of nickel mining in Malapulu Block, Kabaena Island, Southeast Sulawesi, Indonesia. The Supreme Court has decided the case with decision number 2633 K/Pid/Sus/2018. This research was conducted with a qualitative approach through analysis of the description of the prosecutor's indictment and the judge's decision. The results obtained in the study show that the KPK Prosecutor made a mistake by withdrawing the appeal that had been made. This condition results in the lack of consideration made by judges in decision making. Secondly, legal experts do not provide a difference in the meaning of economic and financial losses for the state in judex factie and judex jurist. Third, the indictment by the public prosecutor has not described the form of crime committed as an extraordinary crime. Fourth, there is negligence in the corporate sentence.

OPTIMALISASI ASAS OPORTUNITAS PADA KEWENANGAN JAKSA GUNA MEMINIMALISIR DAMPAK PRIMUM REMEDIUM DALAM PEMIDANAAN

2020 ◽  
Vol 6 (1) ◽  
pp. 213-236
Author(s):  
Yodi Nugraha
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Public Interest ◽  
Justice System ◽  
Attorney General ◽  
Criminal Code ◽  
Comparative Approach ◽  
Public Prosecutor ◽  
Criminal Prosecution ◽  
The Public

In the Indonesian criminal justice system, every public prosecutor possesses the authority to cease criminal prosecution in the name of public interest. In contrast, in the Netherland, only the Attorney General (Procureur Generaal) at the Supreme Court has this authority.  This article discusses this authority to cease of terminate criminal prosecution in the name of public interest.  To do this a comparative approach is used in which the ruling of this authority to terminate criminal prosecution as found in the Draft of the Indonesian Criminal Code will be compared against the same regulation and policy used in the Netherlands.  A doctrinal and comparative law approach will be used. One recommendation resulting from this research is the need to re-evaluate the existing procedure and requirement of terminating criminal prosecution in the public interest in the Indonesian context and the introduction of Rechter-Commissaris into the criminal justice system.

Konsep Perlindungan Korban dalam Sistem Peradilan Pidana Nasional dan Sistem Hukum Pidana Islam

2019 ◽  
Vol 13 (1) ◽  
pp. 33-48
Author(s):  
Vivi Ariyanti
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Public Interest ◽  
Justice System ◽  
The State ◽  
Significant Progress ◽  
Current Position ◽  
Law System ◽  
The Public

The current position of victims in the criminal justice system has not been placed fairly, because victims in the judiciary are only represented by public prosecutors who base their charges on statutory rules and facts obtained from witnesses. This paper reviews and compares the Indonesian national criminal justice system and Islamic criminal law system in terms of protecting the rights of victims of criminal acts during and after undergoing the trial process. The study of victims in the Western criminal law system adopted by Indonesia has been so extensive and profound, that it raises its own science called victimology, which is parallel to the science of criminology. Meanwhile Islamic criminal law (al-Fiqh al-Jinayah) still refers to fiqh books written by medieval jurists, so that the study of Islamic criminal law is stagnant and without significant progress. However, both national criminal law and Islamic criminal law, in principle, emphasize that the protection of victims must be balanced between the interests of the victims themselves, the perpetrators of crime, society, the state, and the public interest.

Organized Crime

1969 ◽  
Vol 15 (3) ◽  
pp. 333-340
Author(s):  
Ralph Salerno
Keyword(s):  
United States ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Organized Crime ◽  
Justice System ◽  
The United States ◽  
Executive Leaders ◽  
The Public ◽  
The Subject

One of the few statements that can be made with complete assurance about organized crime is that doing something about it is not easy. Sizable segments of the public who are aware of it and indeed have been victimized by it won't even talk about the subject, let alone "get involved" as complainants or witnesses. Executive leaders in government, rarely commanding the re sources required to deal with organized crime, have, until re cently, ignored the subject. It comes as no surprise, then, that the criminal justice system in the United States has not responded to the record.

Does Australia Need a Specific Institution to Correct Wrongful Convictions?

2007 ◽  
Vol 40 (2) ◽  
pp. 179-198 ◽  
Author(s):  
Lynne Weathered
Keyword(s):  
United States ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Common Law ◽  
The United States ◽  
Current Situation ◽  
Wrongful Conviction ◽  
Wrongful Convictions ◽  
International Context

In recent years, hundreds of people have been exonerated overseas after demonstrating that they were wrongly convicted of crimes for which they spent many years in prison, and these are only the ones uncovered to date. Australia has its own sampling of known wrongful convictions. England, Canada and the United States have introduced different mechanisms to address in some fashion, the facilitation of exonerations. This article considers the current situation for the wrongly convicted in Australia, placing it within this international context. This comparison will demonstrate that Australia has fallen behind these other common law countries by failing to deliver new mechanisms, establish new bodies or incorporate new avenues that would enable the correction of wrongful conviction to occur. Wrongful conviction must now be recognised as an unenviable but inevitable part of any criminal justice system and a problem that should not be tolerated. Australia's criminal justice system must meet the challenge to update its provisions rather than continue to proceed under provisions other countries have identified as failing to meet the needs of the wrongly convicted.

scholarly journals PENERAPAN DIVERSI PADA TAHAP PENUNTUTAN DALAM SISTEM PERADILAN PIDANA ANAK

2016 ◽  
Vol 1 (2) ◽  
pp. 201
Author(s):  
Ellen Yolanda Sinaga
Keyword(s):  
Criminal Justice ◽  
Adverse Effects ◽  
Criminal Justice System ◽  
Justice System ◽  
Government Regulation ◽  
Attorney General ◽  
Public Prosecutor ◽  
The Public ◽  
The Republic ◽  
Based Instruction

Implementation of diversion by a public prosecutor children, nowadays the mechanism is based on Law of The Republic of Indonesia Number 11 Year 2012 regarding the Juvenile Criminal Justice System. Further provisions concerning the guidelines for the implementation of diversion, ordinances, and coordinate the implementation of diversion stipulated on Indonesian Republic Government Regulation Number 65 in 2015 on the guidelines for the implementation of diversion and treatment of children who are aged 12 years. But the problem until now has not drawn up internal rules to the public prosecutor in the form attorney General of The Republic of Indonesia regulation as the basic for the implementation of the mechanism reffered versioned on Indonesian Republic Government Regulation Number 65 in 2015 on the guidelines for the implementation of diversion and treatment of children who are aged 12 years. The importance of internal rules as the basic for the public prosecutor in the executing diversion, as the uniformity of implementation of the diversion by a public prosecutor children across Indonesia, in order to avoid differences in the implementation mechanisms of diversion, which is still based instruction each child’s direct leadership prosecutor, who do diversion. Further in praction, there are differences in the implementation mechanisms of diversion by a children public prosecutor in Indonesia which resulted in the implementation of the goal of diversion has not been maximally as aspired is to keep children who are dealing with the law, from the adverse effects of the criminal justice system.  Keywords : diversion, juvenile criminal justice system, public prosecutor children

Uncommon Law: America's Excessive Criminal Law & Our Common-Law Origins

Daedalus ◽  
2014 ◽  
Vol 143 (3) ◽  
pp. 62-72
Author(s):  
Jonathan Simon
Keyword(s):  
United States ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Social Order ◽  
Justice System ◽  
Common Law ◽  
The United States ◽  
Criminal Courts ◽  
The Common

This essay explores the role that U.S. criminal courts play in shaping the uniquely punitive social order of the United States. U.S. courts have long been defined against the common law of England, from which they emerged. In this essay, I consider the English legacy and suggest that while the United States does draw heavily from common-law traditions, it has also innovated to alter them, a process that has established a criminal justice system even more punitive than that of England.

Racial Justice and Criminal Justice

2018 ◽  
Author(s):  
Andrew Valls
Keyword(s):  
Criminal Justice ◽  
African Americans ◽  
Criminal Justice System ◽  
Justice System ◽  
Racial Inequality ◽  
Racial Bias ◽  
The United States ◽  
Black Communities ◽  
Racial Justice ◽  
Black Neighborhoods

The criminal justice system in the United States both reflects racial inequality in the broader society and contributes to it. The overrepresentation of African Americans among those in prison is a result of both the conditions in poor black neighborhoods and racial bias in the criminal justice system. The American system of criminal justice today is excessively punitive, when compared to previous periods and to other countries, and its harsh treatment disproportionately harms African Americans. In addition, those released from prison face a number of obstacles to housing, employment, and other prerequisites of decent life, and the concentration of prisoners and ex-prisoners in black communities does much to perpetuate racial inequality.

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