scholarly journals Anticipatory Bail and Criminal Justice System in India

2020 ◽  
pp. 1-9
Author(s):  
Prof. Pradeep Singh
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Criminal Case ◽  
Human Beings ◽  
Legal Regime ◽  
Personal Liberty ◽  
Social Reputation ◽  
The Social ◽  
Vested Interests

Social reputation and personal liberty are two important things in life human beings which are most dear and most respected. Whenever any person has enmity with another person, he tries to affect the social reputation and personal liberty of later person and usually for the purpose criminal justice system is misused. Vested interests file the false case, thereby, the alleged person may be arrested and kept in custody which may cause a loss of reputation and personal liberty of the alleged person. Such misuse of the criminal justice system is a reality. Therefore, it is the responsibility of the criminal justice system itself to protect innocent persons falsely alleged in a criminal case. Indian criminal justice system has prescribed anticipatory bail to protect the falsely alleged person. This article will analyze the legal regime provided in the Indian criminal justice system about anticipatory bail.

Sexualized Laws, Criminalized Bodies

2017 ◽  
Author(s):  
Saheed Aderinto
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Sex Work ◽  
Legal System ◽  
Justice System ◽  
Public Order ◽  
Law And Order ◽  
Legal Regime ◽  
Child Prostitution ◽  
The Social

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.

scholarly journals Race, Battered Women, and the Criminal Justice System

2015 ◽  
Vol 1 (1) ◽  
pp. 13-21
Author(s):  
Harini Kav
Keyword(s):  
Domestic Violence ◽  
Social Movements ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Battered Women ◽  
Justice System ◽  
Criminal Case ◽  
Gender Biases ◽  
Legislative Changes ◽  
Domestic Violence Survivors

This paper looks at the criminal case of Deborah Peagler and the California habeas law and explores the effectiveness of legislative changes to domestic battery laws as a mechanism for change in the criminal justice system in regards to its treatment of domestic violence survivors accused of committing a crime against their abuser. It focuses on the androcentric and racialized nature of the criminal justice system and argues that while legislative changes brought about by social movements facilitate opportunities for women like Peagler to pursue just outcomes, they do not counter the gender biases prevalent in the justice system and, alone, are insufficient in improving the treatment of domestic violence survivors in the criminal justice system.

scholarly journals ANAK NAKAL: DIVERSI DAN DILEMA PENERAPANNYA

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

scholarly journals Penegakan Hukum Pidana Terhadap Anak Yang Terjerat Perkara Pidana Melalui Diversi (Studi Di Polrestabes Medan)

2020 ◽  
Vol 3 (1) ◽  
pp. 78-84
Author(s):  
Akalafikta Jaya ◽  
Triono Eddy ◽  
Alpi Sahari
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Juvenile Justice System ◽  
Criminal Liability ◽  
Criminal Case ◽  
Criminal Cases ◽  
Criminal Convictions ◽  
Criminal Offenses ◽  
The Law

In the past, the punishment of children was the same as the punishment of adults. This causes the psychological condition of children ranging from investigation, investigation and trial to be disturbed because it is often intimidated by law enforcement agencies. Under these conditions, Law No. 11 of 2012 concerning the Juvenile Justice System was born. One of the reforms in the Child Criminal Justice System Law requires the settlement of a child criminal case by diversion. Based on the results of research that the conception of criminal offenses against children in conflict with the law in Indonesia is different from criminal convictions to adults. Children are given the lightest possible punishment and half of the criminal convictions of adult criminal offenses. That criminal liability for children who are ensnared in a criminal case according to the Law on the Criminal Justice System for Children is still carried out but with different legal sanctions from adults. Criminal imprisonment against children is an ultimumremedium effort, meaning that criminal imprisonment against children is the last legal remedy after there are no other legal remedies that benefit the child. That the concept of enforcement of criminal law against children caught in criminal cases through diversion is in fact not all have applied it. Some criminal cases involving children as the culprit, in court proceedings there are still judges who impose prison sentences on children who are dealing with the law.

Rising Waves of Feminism or Faltering Steps of Criminal Justice – What Plagues India?

2020 ◽  
Vol 58 (2) ◽  
pp. 217-236
Author(s):  
Dipa Dube ◽  
Ankita Chakraborty
Keyword(s):  
Sexual Abuse ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Violence Against Women ◽  
Justice System ◽  
Recent Past ◽  
Legal Regime ◽  
The Face ◽  
Abuse Of Women ◽  
Ongoing Concern

AbstractIn the recent past, the #MeToo movement has shaken India. A docket of high-flying names, from politicians to celebrities and journalists, have come under scrutiny for alleged sexual abuse of women. Flagged by a Bollywood actress, the #MeToo campaign in India ignited feminists, academicians, and policymakers to re-examine women’s continued abuse in all sections of society. Despite a stringent legal regime enforced after the Nirbhaya tragedy, the abuse of women continues unabated. Feminists opine that violence against women remains an ongoing concern that is heightened in the face of a waning criminal justice system that fails to address their plight. Lack of confidence in the system discourages women from approaching the authorities, something palpable in #MeToo allegations, where women preferred to remain silent in the face of inevitable backlash from society, lack of support and cooperation from police and prosecution and finally, courts, where the victim is positioned as the accused to respond to questions of how and why? This article examines the #MeToo movement against the rising crime graph’s backdrop and the criminal justice system’s consequent failure to respond to the same.

Roadside drug testing: Incoherent policy or uncertainty by design?

2018 ◽  
Vol 43 (1) ◽  
pp. 30-34 ◽  
Author(s):  
Aidan Ricketts
Keyword(s):  
Criminal Justice ◽  
Side Effects ◽  
Criminal Justice System ◽  
Road Safety ◽  
Justice System ◽  
Drug Testing ◽  
Social Legitimacy ◽  
Driving Impairment ◽  
The Social ◽  
Negative Side Effects

Roadside drug testing regimes being implemented around Australia have been presented as essential for road safety but are compromised by significant policy incoherence. Prosecution based upon driving impairment has been replaced with prosecution based upon mere detection of a specified substance. The conflation of road safety and prohibition as the jurisprudential rationale for penalty by legislators is producing significant negative side effects for the criminal justice system and for the social legitimacy of the roadside testing process generally. Genuine impairment testing for drivers is important but it is not being achieved by the current procedures in place around Australia.

scholarly journals Eavesdropping in the Iranian Criminal Justice System

2018 ◽  
Vol 5 (2) ◽  
pp. 60
Author(s):  
Mansour Rahmdel
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Criminal Procedure ◽  
Penal Code ◽  
Exact Nature ◽  
Human Beings ◽  
Procedure Code ◽  
The Individual ◽  
Full Protection

That the individual shall have full protection in person is a principle as old as the human beings life, but it has beenfound necessary from time to time to define anew the exact nature and extent of such protection. As civilizationadvanced, an individual’s feelings and intellect, as well as his physical being, came within the scope of the legal“right to be let alone.”Iranian Constitution has guaranteed individual’s rights and freedom and has explicitly referred to forbiddance ofeavesdropping and interception of conversations in its article 25. Article 582 of Penal Code ratified in 1996 hascriminalized eavesdropping by the governmental officials. Article 104 of Criminal Procedure Code, which wasabolished in 2014, referred to eavesdropping under the judge’s order. Article 150 of new criminal procedure coderatified in 2014, and came into force in October 2014, has provided adequate safeguards to protect the individual’srights.

One Role of the Social Scientist in the Courtroom: The Maria Pitchford Case

1979 ◽  
Vol 7 (2) ◽  
pp. 269-272
Author(s):  
Katherine Van Wormer
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Social Scientist ◽  
Jury Selection ◽  
Recent Trial ◽  
The Social

Sociologists have been involved in various aspects of the criminal justice system. The author examines the role of the sociologist in jury selection. Using as a background her involvement in a recent trial, she discusses the basic strategies involved in selecting a jury.

scholarly journals Strength of Evidence of Electronic Media (Teleconference) In The Criminal Justice System

2018 ◽  
Author(s):  
Hardianto Djanggih
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Electronic Media ◽  
Criminal Case ◽  
Strength Of Evidence ◽  
System P ◽  
Basic Purpose ◽  
The Law

Publication in VRIJSPRAAKInternational Journal of Law, Volume 1, Number 1, 2017The strength of the evidence of Electronic Media (teleconference) in the processof proving a criminal case according to the Criminal, specify a limited mannervalid evidence and procedures for the use of that evidence thus have legalpower of proof. Proof via electronic media (teleconference) regulates the judge /magistrate constitutional obligation to seek and find the truth so that the materialtaken into consideration for the judges in deciding a case. Implementation ofevidence through electronic media in a criminal act, should the judge may usethe priority when it will use the values of the basic purpose of the law (justice,expediency and certainty) to accommodate the evidence through electronicmedia in examining the crime of existing.

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