scholarly journals Homelessness and Contact with the Criminal Justice System: Insights from Specialist Lawyers and Allied Professionals in Australia

2020 ◽  
Vol 9 (3) ◽  
Author(s):  
Luke McNamara ◽  
Julia Quilter ◽  
Tamara Walsh ◽  
Thalia Anthony
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Justice System ◽  
Justice System ◽  
Qualitative Interviews ◽  
Therapeutic Jurisprudence ◽  
Criminal Courts ◽  
Multiple Points ◽  
Solution Focused

Lawyers and allied professionals who have experience supporting, advising and representing people experiencing homelessness are uniquely placed to identify problems with the operation of the criminal justice system—from policing to courts to punishment—and to conceive reform options. This article reports the findings of qualitative interviews with lawyers and allied professionals in all Australian states and territories. Participants identified multiple points where decisions about criminal law enforcement fail to take adequate account of the complex factors that underlie ‘offending’ by people experiencing homelessness, producing outcomes that exacerbate disadvantage. They advanced a range of proposals for reform directed at breaking the nexus between homelessness and criminalisation, including re-conception of the role of police, adoption of therapeutic jurisprudence (or ‘solution-focused’) models in criminal courts, and major changes to the use of fines as a criminal punishment.

scholarly journals Role of Victim in the Criminal Justice System

2019 ◽  
Vol 3 ◽  
pp. 30-36
Author(s):  
MEERA MATHEW
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Justice System ◽  
Justice System ◽  
Crime Victims ◽  
Law Enforcement Agencies ◽  
Different Types ◽  
Victims Of Crime ◽  
The Impact

The victims of crime are those who have formerly endured injury or are possibly suffering as an outcome of crimes having been committed. The direct family or dependants of the direct victims, who are harmfully affected, are also included within the meaning of the term “Victims”. The predicament of the victims does not finish with the crime but it persists. It may even increase, following the crimes; since they have to face the rigors of the actuality, such as deficient support system, dearth of social backing, and sense of anxiety. They also experience the intricacy of police inquiry, magisterial investigation and criminal trial. The impact of victimization on different kinds of victims due to different types of crimes has been varied such as physical, psychological and financial. Through this paper writer has endeavored to check the situation of victims of crime in India and the criminal justice system. It is apparent that the desolation of the victims have not been effectively addressed or even gone out of contemplation. Victims are disregarded, may, forgotten. The paper also stresses the need to provide support to crime victims. The author of the present paper has also recommended some of the imperative steps that are to be implemented by the law enforcement agencies in India to improve the position of victims in the criminal justice system.

scholarly journals Peran Advokat Sebagai Penegak Hukum Dalam Mendukung Terwujudnya Sistem Peradilan Pidana Terpadu Dalam Penegakan Hukum Pidana Di Indonesia

2018 ◽  
Vol 1 (1) ◽  
Author(s):  
Setyo Langgeng
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Justice System ◽  
Justice System ◽  
Criminal Procedure ◽  
Legal Assistance ◽  
Literature Study ◽  
Real Place ◽  
Procedure Code

AbstrakKeberadaan Advokat sebagai penegak hukum telah diatur didalam Pasal 5 Undang-undang Republik Indonesia Nomor 18 Tahun 2003 tentang Advokat. Namun, mengenai bagaimana bentuk dan tempat nyata peran Advokat sebagai penegak hukum masih samar, khususnya dalam perannya sebagai komponen pendukung terwujudnya sistem peradilan pidana terpadu, akibatnya penegakan hukum pidana di Indonesia belum optimal. Penelitian ini menggunakan metode penelitian hukum normatif atau studi kepustakaan, yaitu dengan menganalisa UU.RI. No. 18 tahun 2003 tentang Advokat dan UU.RI No. 8 tahun 1981 tentang Hukum Acara Pidana (KUHAP), serta peraturan perundang-undangan lainya dan bahan pustaka yang terkait dengan peran Advokat guna menjawab permasalahan. Hasil penelitian menunjukan bahwa dari segi bentuk dan tempatnya, terdapat 2 (dua) peran Advokat sebagai penegak hukum, yaitu (1) Peran Advokat dalam bentuk pendampingan hukum terhadap pelaku berdasar Pasal 54 KUHAP, (2) Peran Advokat dalam bentuk pendampingan hukum terhadap korban yang diatur diluar KUHAP. Diharapkan sebagai bahan masukan bagi penegak hukum dalam penegakan hukum dan keadilan di Idonesia.Kata kunci : Advokat, Penegak Hukum, Sistem Peradilan Pidana Terpadu�AbsractThe existence of Advocates as law enforcement has been regulated in Article 5 of Law of the Republic of Indonesia Number 18 Year 2003 regarding Advocate. However, regarding how the form and the real place of the Advocate role as law enforcement is still vague, especially in its role as a supporting component of the establishment of integrated criminal justice system, consequently the enforcement of criminal law in Indonesia is not optimal yet. This research uses normative legal research method or literature study, that is by analyzing UU.RI. No. Law No. 18 of 2003 on Advocates and Law no. 8 of 1981 on Criminal Procedure Code (KUHAP), as well as other legislation and library materials related to the role of Advocates in order to answer the problem. The result of research shows that in terms of form and place, there are 2 (two) Advocates role as law enforcers, namely (1) Role of Advocate in the form of legal assistance to the perpetrator based on Article 54 KUHAP, (2) Role of Advocate in the form of legal assistance to the victims is regulated outside the Criminal Procedure Code. It is expected to be an input for law enforcement in law enforcement and justice in Indonesia.Keywords : Advocate, Law Enforcement, Integrated Criminal Justice System

scholarly journals Lost in Translation? Examining the Role of Court Interpreters in Cases Involving Foreign National Defendants in England and Wales

2017 ◽  
Vol 20 (1) ◽  
pp. 130-156 ◽  
Author(s):  
Ana Aliverti ◽  
Rachel Seoighe
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Criminal Courts ◽  
Foreign National ◽  
Mass Migration ◽  
The One ◽  
Key Participants ◽  
Lost In Translation

Court interpreters have seldom been featured in studies on the criminal courts. Until recently, cases requiring court interpreters were rare and marginal. The peculiarity and historical rarity of these cases may explain the lack of academic consideration of the work of court interpreters in the criminal justice literature. Rapid demographic changes brought about by mass migration, however, are changing the make-up of criminal justice proceedings, rendering court interpreters key participants and inexorable aides for the everyday running of the criminal justice system. This article examines the increased reliance on interpreters and the nature of their involvement in criminal justice proceedings. It will explore the relationship between interpreters and defendants, on the one hand, and between interpreters, counsels, and judges, on the other. Drawing on empirical data stemming from a research project on foreign national defendants conducted in Birmingham’s criminal courts, we explore issues of trust and reliability underpinning the intervention of court interpreters and the implications of these interventions for the defendant’s case. The use of interpreters aims first and foremost to ensure the defendant’s right to defense. Yet, as we show, their intervention is often propelled or hindered by instrumental, procedural, or logistical reasons, intimately linked to the rapid transformation of the demography of defendants and the privatization of services related to the criminal justice system.

scholarly journals Optimalisasi Sumber Daya Manusia Kepolisian Republik Indonesia dalam Peningkatan Pelauanan Publik di Kepolisian Resor Gresik

2020 ◽  
Vol 1 (1) ◽  
pp. 11
Author(s):  
Erieg Adi Cahyono*
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Human Resources ◽  
Criminal Justice System ◽  
State Government ◽  
Public Service ◽  
Justice System ◽  
Law Enforcement Officers ◽  
Public Order

Police function in the state government system in the presence of police institutions is indispensable to the community. No community does not have a police institution. Police are tasked  with  maintaining  the security and public Order (Kamtibmas). In addition, police also acted as law enforcement officers. Police are part of the criminal justice system along with other law enforcement officers, namely prosecutors and courts. The important role of human resources of Gresik in improving public services is very important to improve the quality that is in accordance with the expectations of the community and  implemented  in  a unified  network that is simple, open  , smooth, precise, complete, reasonable, and affordable in accordance with the principles of public service.

scholarly journals IDEAL CONDITION OF THE CRIMINAL JUSTICE SYSTEM IN AN EFFORT TO DERADICALIZE THE CRIMINAL ACT OF TERRORISM TO ACHIEVE SUBSTANTIAL JUSTICE

2018 ◽  
Vol 3 (2) ◽  
pp. 161
Author(s):  
Muhammad Taufiq
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Justice System ◽  
Justice System ◽  
Scientific Work ◽  
Ideal Condition ◽  
Negative Effects ◽  
Approach Method

The purpose of this study is to examine how law enforcement and prevention efforts and Deradicalisation of terrorism acts in the perspective of Human Rights, Local Wisdom, and realizing a Substantial Justice Criminal System in Indonesia. The approach method used in this scientific work is the normative juridical approach method. With the presentation of data qualitatively. This study emphasizes that the law as a means of law enforcement in Indonesia, especially in the enforcement of Law on Combating Terrorism Crime. The result of this research is that it can be concluded that local wisdom in communal society can be used as media to optimize and strengthen the role of society in countering radical groups and terrorists can be an option to minimize the negative effects caused by the approach of security (hard approach). 

A problem-solving approach to criminalised women in the Australian context

2021 ◽  
pp. 1037969X2098510
Author(s):  
Megan Beatrice
Keyword(s):  
Criminal Justice ◽  
Problem Solving ◽  
Procedural Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Therapeutic Jurisprudence ◽  
Upward Trend ◽  
Complex Needs ◽  
Australian Context

The upward trend of incarceration rates persists among women in Victoria, with increasingly punitive sentencing and onerous new bail laws. At the same time, the complex needs of women in the criminal justice system are becoming the focus of greater study and documentation. This article presents the case for a specialist women’s list under the Magistrates’ Court of Victoria jurisdiction, based in principles of therapeutic jurisprudence and procedural justice. While the list aims to reduce offending by addressing criminogenic factors unique to women, the picture is far bigger; the Victorian Women’s Court ultimately promotes justice for women who commit crimes.

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