Legal System, Criminal Justice System Responses to Intimate PartnerViolence

Author(s):  
David A. Ford
Author(s):  
Alisdair Gillespie ◽  
Siobhan Weare

The English Legal System presents the main areas of the legal system and encourages a critique of the wider aspects of how law is made and reformed. The book is structured in five parts. Part I looks at the sources of law including domestic and international sources. Part II looks at the courts and the practitioners. It considers the structure of the courts and tribunals, judges and judicial independence, the legal professions, and funding legal services. Part III examines the criminal justice system. It describes issues related to lay justice, trials, and criminal appeals. The next part is about the civil justice system. It looks at civil litigation, remedies, appeals and alternative dispute resolution. The final part looks to the future.


2018 ◽  
Vol 2 (1) ◽  
pp. 41
Author(s):  
Zakki Mubarok ◽  
Achmad Sulchan

Some efforts were made to overcome internal obstacles: improving coordination among investigators, intensive approaches to witnesses, improving socialization of the Criminal Justice System Law and Child Protection Act. While the efforts to overcome the external obstacles: education, rigorous interrogation, improving facilities and infrastructure and bringing together an understanding of the meaning of recidivist. This research is based on the increasingly widespread criminal cases committed by children that occurred in the jurisdiction of Polrestabes Semarang in particular and in various major cities in Indonesia in general. The results of the research indicate that: (1) The role of the investigator in the diversion implementation of child crime cases, namely the internal roles among which are coordinating with the community and with various institutions or related parties, upholding the legal system and criminal justice system in accordance with the mandate of the Act, as well as involving police (Investigator) members in training or special education. (2) The constraints faced by the investigators in the diversion implementation of child crime cases are internal constraints: lack of coordination among investigators, lack of legal understanding of witnesses, lack of socialization of the Criminal Justice System Law and Child Protection Law.


Author(s):  
Mark Thomas ◽  
Claire McGourlay

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. English Legal Systems Concentrate starts with an introduction to the English legal system (ELS). It then looks at sources of law: domestic legislation, case law, and the effect of EU and international law. The text also examines the court structure. It then looks at personnel of the ELS. It moves on to consider the criminal justice system and the civil justice system. After that, it looks at funding access to the ELS. Finally, it looks to the future of the ELS.


Author(s):  
Zahra Stardust ◽  
Carla Treloar ◽  
Elena Cama ◽  
Jules Kim

Discourse on sex work is replete with narratives of risk and danger, predominantly focused on violence and disease. However, the risks instigated by police, maintained by the criminal justice system and sanctioned by the state—criminal laws, licensing laws and targeted policing—receive far less attention. This paper responds to this gap in three ways. First, we examine how stigma manifests in sex workers’ experiences of Australian policing, which act to disincentivise sex workers from accessing criminal legal mechanisms. Second, we illustrate how sex workers are denied victim status as they are seen by law as ‘irresponsible citizens’ and blamed for their experiences of crime. Third, we argue that these factors create conditions in which sex workers must constantly assess risks to access safety and legal redress while structural sex work stigma persists unabated. We conclude that ‘whore stigma’ is entrenched in the criminal legal system and requires a systematic response that necessitates but goes beyond the decriminalisation of sex work.


1998 ◽  
Vol 22 (5) ◽  
pp. 303-305
Author(s):  
Clare Chambers ◽  
Jane Gill

Mental health professionals are becoming increasingly involved with the criminal justice system through their work in psychiatric assessment and diversion schemes. Preparation of reports for the courts requires knowledge of the legal system. Those preparing such reports need specific training for this work.


Author(s):  
Thato Masiangoako

The legal system in South Africa holds a legitimate and authoritative position in the country’s constitutional democracy and political order, despite the commonplace experiences of injustice that take place at the hands of the criminal justice system. This article looks at how the legal consciousness of community activists, student activists and migrants is shaped by experiences of arrest and detention, and focuses particularly on how their perceptions of the law reinforce the legitimacy and hegemonic status enjoyed by the criminal justice system and broader legal system in South Africa. The article draws on original interviews with community activists, student activists and migrants, who recounted their experiences of arrest and detention. Using a socio-legal framework of legal consciousness, the article unpacks how these groups reinforce legal hegemony through the ways in which they understand and rationalise their experiences of punishment. Despite the reasonable expectation that those who have experienced a miscarriage of justice would be most sceptical and pessimistic about the law’s legitimacy, this article finds that they continue to maintain their faith in the law. The article presents an analysis of interviews conducted with members of these groups, and shares evidence that begins to explore some of the ways in which South Africa’s criminal justice system is able to sustain its legitimacy, despite the gaps between what the law ought to be and what the law actually is.


Author(s):  
Saheed Aderinto

This chapter discusses how the criminal justice system assumed a prime position in the policing of prostitution. By differentiating between adult and child prostitution laws, the legal system played a significant role in molding public and official perceptions toward the identity of adult and underage practitioners of prostitution and the perceived menace each type of prostitution allegedly posed. Moreover, unlike the social interpretation of sex work, the new legal regime from the early 1940s institutionalized the criminalization of transactional sex as a component of social and public order. As such, prostitution became a component of the colonial state's maintenance of law and order, which was cardinal to the effective exploitation of the colonies.


1991 ◽  
Vol 25 (3-4) ◽  
pp. 759-778 ◽  
Author(s):  
Marc Galanter

Discussions of punishment and its role in modern societies often proceed as if punishment is co-extensive with the criminal justice system. Instead, I want to begin with the observation that a large part of punishment as a social institution is outside the criminal law — indeed much of it lies outside the legal system. To understand the working of punishment in our societies and what the law can do with it and about it requires that we examine the entire span of punishment, not just that part which epitomizes it in legal theory.What is punishment? I hesitate to get into a definitional struggle on what must be well-worn turf. It seems to me that we can identify a core idea of “bad for bad” — i.e., the imposition of a harm, injury, deprivation or other bad thing on someone on the ground of the commission of some offence. The infliction of harm on the offender may be viewed as a goal (or as proximate to a goal of justice) or it may be viewed instrumentally as a means to social betterment, through rehabilitation, incapacitation, deterrence, reassurance, and so forth. Thus, the harm may be thought to redound to the offender's ultimate benefit or that of the society.


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