The Intolerable Price of Self-Respect

2019 ◽  
pp. 121-156
Author(s):  
Wesley C. Hogan
Keyword(s):  
Law Enforcement ◽  
Restorative Justice ◽  
Legal System ◽  
Black People ◽  
Electoral Politics ◽  
The Other ◽  
Made In ◽  
Trayvon Martin

The iced tea and Skittles Trayvon Martin carried home when he was murdered by George Zimmerman in February 2012 in suburban Sanford, Florida, represent an undeniable and terrifying truth: if you happen to be Black, the most basic of activities can get you killed in today’s America. In most cases, the killers walk free. Law enforcement and the legal system muster elaborate rationales, and leaders of the major institutions of the culture look the other way. James Baldwin’s observation is as pertinent today as it was when made in 1962: his countrymen, he recognized soberly, “have destroyed and are destroying hundreds of thousands of lives and do not know and do not want to know it.” In the end, almost no law enforcement is held accountable for the routine killings happening on the streets of America. Particularly for young Black citizens, this fact is a blunt daily reminder that for far too many in power, Black lives do not matter. The Movement for Black Lives (M4BL) and its organizations like the Dream Defenders, BYP100, SONG, and others have put healing and restorative justice at the center of their movement work, as this chapter covers. They try to answer: how can the movement build the best possible futures for Black people? Is abolition the best path? What are others? Through both movement and electoral politics, they seek fresh ways to make government bodies accountable to people at the base.

scholarly journals Penerapan Sanksi dalam Meminimalisir Kejahatan Anak Ditinjau dari Undang-undang Nomor 11 Tahun 2012 Tentang Sistem Peradilan Pidana Anak

FENOMENA ◽  
2018 ◽  
Vol 10 (2) ◽  
Author(s):  
Abnan Pancasilawati ◽  
Muhamad Noor
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Social Integration ◽  
Restorative Justice ◽  
Law Enforcement Officers ◽  
Legal Culture ◽  
The Other ◽  
Legal Structure ◽  
The Law

The implementation of legislation either nationally or internationally linked to the implementation of restorative justice as one of the alterntif in the process of implementation of conviction against children in conflict with the law had been applied, but the case has not yet been thoroughly and still limited at the law enforcement officers and observers who are committed and integrity as well as having the attention to this problems. The implementation of restorative justice which is applied at each level of the process of criminal justice in the form of taking back the children to their parents, versioned by handing the children to Panti Sosial Marsudi Putra (PSMP), and the implementation of social integration through giving CB, CMB, and PB for children who are already serving imprisonment. Some obstacle factors the implementation of restorative justice as one of the alternatives in the implementation of conviction against children in conflict with the law, including physical building facilities and non-physical facilities and legal substance. It is because restorative justice has not been expressly regulated, even though in the law nomer 11, 2012 concerning about the Child Criminal System has been regulated but until now it has not been declared valid. The other factors are legal structure and legal culture.

Restorative Justice and Violence Against Women in the United States

2017 ◽  
pp. 63-84 ◽  
Author(s):  
Lorenn Walker ◽  
Cheri Tarutani
Keyword(s):  
United States ◽  
Intimate Partner Violence ◽  
Criminal Justice ◽  
Law Enforcement ◽  
Restorative Justice ◽  
Violence Against Women ◽  
Partner Violence ◽  
Black People ◽  
The United States ◽  
Intimate Partner

Opposition to using restorative justice to address violence against women mainly concerns the fear that women will be re-victimized if they engage with men who endangered them. While law enforcement and criminal justice approaches are necessary to address violence against women, women's choices about when and how to use law enforcement and prosecution to address violence against them, should be respected. Exclusive criminalization of violence against women has not protected many and has further harmed marginalized and Black people. To address intimate partner violence, victims' needs for healing must be met including when the victim-offender overlap applies and an offender is also a victim. Ignoring healing perpetuates violence. Applying restorative justice and its foundational questions, during direct meetings between victims and offenders, or when they meet separately, can address the victim-offender overlap, reduce reliance on punishment, and increase healing.

Constitutional Experience in the Nordic Countries

1970 ◽  
Vol 5 (4) ◽  
pp. 513-526
Author(s):  
Paavo Kastari
Keyword(s):  
New Zealand ◽  
Great Britain ◽  
Legal System ◽  
Nordic Countries ◽  
The Other ◽  
Parliamentary Election ◽  
Popular Vote ◽  
Fundamental Law ◽  
The Stability ◽  
Made In

With the exception of Great Britain and, for the present at least, of Israel, probably all states possess a written constitution, systematically arranged and with set articles. Another term often used for constitution is basic or fundamental law, since the constitution provides a foundation and framework for the other regulations and norms which form the legal system of the country. In most countries, in fact, the constitution is made in such a way that it is more difficult to change than are ordinary laws; for instance, a set majority in parliament may be required for amendment, or the lapse of a certain amount of time, perhaps there must be an intervening parliamentary election between the proposal and adoption, or an amendment must be ratified by popular vote, etc. An exception to this is the procedure in New Zealand, where although the constitution is systematically arranged, no attempt is made to ensure the stability of it by means of such technical procedures; it can be changed in the same way as an ordinary law.

scholarly journals PENEGAKAN HUKUM OLEH KEPOLISIAN MELALUI PENDEKATAN RESTORATIVE JUSTICE DALAM SISTEM HUKUM NASIONAL

2013 ◽  
Vol 2 (2) ◽  
pp. 247
Author(s):  
Yunan Hilmy
Keyword(s):  
Law Enforcement ◽  
Restorative Justice ◽  
Legal System ◽  
Justice System ◽  
Legal Protection ◽  
Law Enforcement Officers ◽  
Legal Issues ◽  
National Legal System ◽  
The Law ◽  
Law And Justice

Sistem peradilan pidana harus selalu mempromosikan kepentingan hukum dan keadilan. Tetapi terdapat pandangan salah bahwa ukuran keberhasilan penegakan hukum hanya ditandai dengan keberhasilan mengajukan tersangka ke pengadilan dan kemudian dijatuhi hukuman. Seharusnya ukuran keberhasilan penegakan hukum oleh aparat penegak hukum ditandai dengan tercapainya nilai-nilai keadilan di dalam masyarakat. Kepolisian sebagai alat negara yang berperan dalam menegakkan hukum diharapkan dapat merespon hal ini dengan menggunakan mekanisme restorative justice . Tulisan ini akan membahas mengapa mekanisme restorative justice bisa dijadikan alternatif penegakan hukum oleh polisi; bagaimana prospek penerapan mekanisme restorative justice yang dilakukan oleh Polisi; serta bagaimana mekanisme restorative justice yang dilakukan oleh polisi dalam sistem hukum nasional. Dengan menggunakan metode yuridis normatif dapat disimpulkan bahwa dengan menjadikan restorative justice sebagai pendekatan maka ada beberapa keuntungan yang bisa didapatkan. Pertama , masyarakat diberikan ruang untuk menangani sendiri permasalahan hukumnya yang dirasakan lebih adil. Kedua , beban negara dalam beberapa hal menjadi berkurang. Polisi dapat melaksanakan mekanisme restorative justice melalui diskresi yang dimilikinya karena hal merupakan kelengkapan dari sistem pengaturan oleh hukum itu sendiri. Pelaksanaan restorative justice oleh Polri dalam perspektif sistem hukum nasional dapat diterima apabila dilaksanakan berdasar falsafah negara Pancasila, menjamin keadilan serta perlindungan hukum terhadap HAM. Untuk menjamin adanya keseragaman dalam implementasinya, diperlukan suatu norma atau kaidah untuk memberikan legitimasi agar segala tindakan yang dilakukan dalam implementasi restorative justice tidak dianggap ilegal.<p>The Criminal Justice System should be promoting interest of law and justice. However, there is a mistake of view that measuring success on law enforcement simply characterized with success filed a suspect to court and sentenced. Supposed to be success measure of law enforcement by law enforcement officers marked by the achievement of value of justice in society. The police as a state of tool who role in enforcing the law are expected respond by using restorative justice mechanism. Therefore, this paper focus on why restorative justice mechanism could be an alternative on law enforcement by the police; and how the mechanisms of restorative justice by the police in the national legal system. By using normative juridical methode, it can be conclude that by making restorative justice as an approach of, there are several advantages which can be found. First, public givenits own space to handles with his legal issues which preceived fairly. Second, burden on th estate in some way be reduced. The police could be implementing restorative justice mechanism through discretionbecause it is the completeness of regulation by the law itself. Implementation of restorative justice by the police in perspective of national legal system is acceptable if carried out based on the state ohilosophy of Pancasila, ensures of justice and legal protection of human rights.To ensure uniformity in implementation, needs a norm or rule to gave legitimacy that all actions which taken in implementation of restorative justice ha snot considered illegal.</p>

KONSEP RESTORATIVE JUSTICE MELALUI MEDIASI PENAL DALAM PENYELESAIAN PERKARA PIDANA BERMOTIF RINGAN PADA MASYARAKAT ADAT KAMPUNG KUALA GASIB DI KECAMATAN KOTO GASIB KABUPATEN SIAK

2018 ◽  
Vol 1 (4) ◽  
Author(s):  
ELMA YANTI
Keyword(s):  
Law Enforcement ◽  
Restorative Justice ◽  
Indigenous People ◽  
Criminal Case ◽  
Criminal Cases ◽  
Legal Research ◽  
Direct Participation ◽  
Criminal Offenses ◽  
Differences Of Opinion ◽  
Law Enforcement Officials

The settlement of criminal offenses with mild motives can be carried out by reasoning penal mediation called the restorative justice approach, which focuses on the direct participation of perpetrators, victims and the community. The research that use in this study is sociological legal research (social legal research). The concept of restorative justice through reasoning penal mediation in the settlement of a mildly criminal case for the indigenous people of village kuala gasib in koto gasib siak, was carried out with the intermediary of the headman. Headman as customary village heads and as government administrators have an important role in creating peace efforts in resolving disputes that occur in the community, one of which is through the settlement of criminal cases by reasoning penal mediation with the concept of restorative justice. The constraints of the concept of restorative justice through reasoning penal mediation in the settlement of mildly criminal cases for the indigenous people of village kuala gasib in koto gasib siak are: a) The absence of a special law mediation of regulation, b) Lack of facilities and infrastructure in mediating, c) Lack of mediator skills for village head to reconcile the parties to the dispute, d) There are differences of opinion among law enforcement officials about the concept of restorative justice through penal mediation

On the Future of the Financial Redistribution across Member States in the EU

2006 ◽  
Vol 56 (1) ◽  
pp. 1-43
Author(s):  
Sándor Richter
Keyword(s):  
Value Added ◽  
The Other ◽  
Current Debate ◽  
Member States ◽  
New Member States ◽  
Financial Position ◽  
Cross Member ◽  
Expenditure Structure ◽  
The Eu ◽  
Made In

The order and modalities of cross-member state redistribution as well as the net financial position of the member states are one of the most widely discussed aspects of European integration. The paper addresses selected issues in the current debate on the EU budget for the period 2007 to 2013 and introduces four scenarios. The first is identical to the European Commission's proposal; the second is based on reducing the budget to 1% of the EU's GNI, as proposed by the six net-payer countries, while maintaining the expenditure structure of the Commission's proposal. The next two scenarios represent radical reforms: one of them also features a '1% EU GNI'; however, the expenditures for providing 'EU-wide value-added' are left unchanged and it is envisaged that the requisite cuts will be made in the expenditures earmarked for cohesion. The other reform scenario is different from the former one in that the cohesion-related expenditures are left unchanged and the expenditures for providing 'EU-wide value-added' are reduced. After the comparison of the various scenarios, the allocation of transfers to the new member states in terms of the conditions prevailing in the different scenarios is analysed.

Penerapan Hukum Wakaf Uang di Indonesia Perspektif Legal System Theory

2018 ◽  
Vol 11 (1) ◽  
pp. 79-92 ◽  
Author(s):  
Masdar Masdar
Keyword(s):  
System Theory ◽  
Law Enforcement ◽  
Legal System ◽  
Legal Culture ◽  
Point Of View ◽  
Law Enforcement Agencies ◽  
Muslim Society ◽  
The Law ◽  
The Government

Cash waqf in Indonesia has been long enough implemented based on some rules enacted by government and other rules defined by The Waqf Board of Indonesia (BWI). However, the implementation of cash waqf has not reached the level of success. Therefore, this article studies the application of cash waqf law in Indonesia according to Friedman’s legal system theory. The legal system theory of Friedman firstly looks at the substance of the law, which is the rules or regulations; and secondly it examines the structure of the law, encompassing the law enforcement agencies, such as judge, prosecutor, police and legal counselors. And lastly the theory examines the element of legal culture, which is a response from Muslim society. The first two examinations indicate that there is nothing to be a problem. But from the last examination there is a problem regarding the trust from Muslim society. From the legal culture point of view, the implementation of cash waqf by the government, which is performed by BWI, needs attracting society’s credentials in order to improve and maximize the performance of cash waqf in Indonesia.

Physical and Mechanical Properties of Tenun Pahang Fabrics using Alternative Yarns

2016 ◽  
Vol 13 (2) ◽  
pp. 67
Author(s):  
Engku Liyana Zafirah Engku Mohd Suhaimi ◽  
Jamil Salleh ◽  
Suzaini Abd Ghani ◽  
Mohamad Faizul Yahya ◽  
Mohd Rozi Ahmad
Keyword(s):  
Mechanical Properties ◽  
Physical And Mechanical Properties ◽  
The Other ◽  
Silk Fabrics ◽  
Recovery Angle ◽  
Made In

An investigation on the properties of Tenun Pahang fabric performances using alternative yarns was conducted. The studies were made in order to evaluate whether the Tenun Pahang fabric could be produced economically and at the same time maintain the fabric quality. Traditional Tenun Pahang fabric uses silk for both warp and weft. For this project, two alternative yarns were used which were bamboo and modal, which were a little lower in cost compared to silk. These yarns were woven with two variations, one with the yarns as weft only while maintaining the silk warp and the other with both warp and weft using the alternative yarns. Four (4) physical testings and three (3) mechanical testings conducted on the fabric samples. The fabric samples were evaluated including weight, thickness, thread density, crease recovery angle, stiffness and drapability. The results show that modal/silk and bamboo silk fabrics are comparable in terms of stiffness and drapability, hence they have the potential to replace 100% silk Tenun Pahang.

SEARCH FOR AND SEIZURE OF EVIDENCE IN CYBER ENVIRONMENTS: A LAW-ENFORCEMENT DILEMMA IN SOUTH AFRICAN CRIMINAL PROCEDURE

2014 ◽  
Vol 1 (1) ◽  
pp. 48-67
Author(s):  
Vinesh M Basdeo ◽  
Moses Montesh ◽  
Bernard Khotso Lekubu
Keyword(s):  
Law Enforcement ◽  
South African ◽  
Legal System ◽  
Criminal Procedure ◽  
Integrated Approach ◽  
Physical World ◽  
Legal Framework ◽  
Time Zone ◽  
Legal Sanctions ◽  
Domestic Affairs

Investigating, deterring and imposing legal sanctions on cyber-criminals warrants an international legal framework for the investigation and prosecution of cybercrime. The real-world limits of local, state and national sovereignty and jurisdiction cannot be ignored by law-enforcement officials. It can be a strenuous task to obtain information from foreign countries, especially on an expedited basis – more specifically when the other country is in a different time zone, has a different legal system, does not have trained experts and uses different languages. In South Africa existing laws appear to be inadequate for policing the cyber realm. The effects and impact of information technology on the legal system have not yet received the attention they warrant. The challenges presented by the electronic realm cannot be solved merely by imposing existing criminal and criminal procedural laws which govern the physical world on cyberspace. The electronic realm does not necessarily demand new laws, but it does require that criminal actions be conceptualised differently and not from a purely traditional perspective. Sovereignty and the principle of non-interference in the domestic affairs of another state are fundamental principles grounding the relations between states; they constitute an important mechanism in the armoury of criminals. The harmonisation and enactment of adequate and appropriate transborder coercive procedural measures consequently play a pivotal role in facilitating effective international cooperation. This article examines the efficacy of South African laws in dealing with the challenges presented by police powers to search for and seize evidence in cyber environments. It analyses the rudimentary powers that exist in South African criminal procedure regarding the search for and seizure of evidence in cyber environments, and compares them against the backdrop of the more systemic and integrated approach proposed by the Cybercrime Convention.

Intermedialität

2006 ◽  
Vol 51 (2) ◽  
pp. 52-78 ◽  
Author(s):  
Corina Caduff ◽  
Sabina Gebhardt Fink ◽  
Florian Keller ◽  
Steffen Schmidt
Keyword(s):  
Visual Arts ◽  
The Other ◽  
Systematic Description ◽  
Artistic Representations ◽  
Music Literature ◽  
Music Film ◽  
Made In

Intermedialität wird hier systematisch an Musik, Literatur, visuelle Kunst und Film dargestellt. Den Anfang machen allgemeine Überlegungen zu Materialität und Medium in diesen verschiedenen Künsten. Im Weiteren werden unter dem Aspekt ›Bimedialität‹ verschiedene Beispiele vorgestellt, die jeweils aus zwei Medien bestehen (z.B. Musikfilm, das Lied oder Schriftbilder). Dabei folgen wir der Frage, ob und wie jeweils eines der beiden Medien eine Vorrangstellung bekommt. Der abschließende Teil behandelt „intermediale Bezüge in Monomedialität“. Hier geht es um monomediale Darstellungen, denen aber eine Beschäftigung mit einem anderen Medium vorangegangen ist. Das ist etwa dann der Fall, wenn ein Schriftsteller über ein Bild schreibt, ohne daß dieses (im Text) zu sehen ist. In this article, we offer a systematic description of intermedia relations across music, literature, the visual arts, and film. Beginning with some general reflections on materiality and medium in these diverse fields of art, we then offer various examples consisting of two media (e.g. music film, song, images in writing). We pursue the question if, and how, one of the two media may take priority over the other. In our conclusion, we deal with „intermedia relations in monomediality“. This section focuses on artistic representations made in one medium, but based on reflections on another medium. For instance, this is the case when a novelist writes about a picture without having this picture reprinted in the text.

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