KONSTRUKSI HUKUM DALAM PEMBUKTIAN UNSUR TINDAK PIDANA PEMBUNUHAN BERENCANA

In this research, the author saw in two court judgments which taken out by the District Court (PN) of Raba Bima, number 341/Pid.B/2014/PN.R.bi and the High Court of Mataram (PT), number 20/Pid/2015/PT.Mtr. Both of judgments are strengthen each other, it defendant is in the period of detention during 19 years in prison. However, the verdict/judgment of Supreme Court Number 815K/Pid/2015 cancelled of two court judgment which it underneath. In this case, the Judge has different view of law as the main point to be consideration to make decision for Abdul Khalik. The construction of law in this case has to be seen and translated by the concept of judgment and legal certainty, because of different decision making by District Court (PN) of Raba Bima, the High Court of Mataram and Supreme Court which is freeing Abdul Khalik from all lawsuits. Based on these situation, it need to deep analysis and critically to get the best judgment as the goal of criminal law which is born by the criminal justice system.

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Predictions of Dangerousness: An Argument for Limited Use

Violence and Victims ◽

10.1891/0886-6708.3.4.263 ◽

1988 ◽

Vol 3 (4) ◽

pp. 263-283 ◽

Cited By ~ 25

Author(s):

Marc Miller ◽

Norval Morris

Keyword(s):

Decision Making ◽

Criminal Justice ◽

Supreme Court ◽

Criminal Justice System ◽

Justice System ◽

Theoretical Framework ◽

Court Decisions ◽

Preferable Alternative ◽

Supreme Court Decisions ◽

Intense Debate

Intense debate has focused on the use of statistical predictions of dangerousness in the criminal justice system. Two conflicting positions maintain wide support: that such predictions are never appropriate in criminal justice decision-making, and that they should be used far more often. Recognizing the fact that implicit and intuitive predictions are made every day in police, prosecutorial, sentencing, and other decisions, and explicit but unscientific predictions are common, this article suggests a theoretical framework justifying limited use of statistical predictions. Statistical predictions may present, in some instances, a morally preferable alternative to biased nonscientific and implicit judgments. Development of a sound jurisprudence of predictions faces major hurdles given the trend toward unscientific predictions in the law and the enormous judicial confusion in dealing with predictions. The concept has contributed to a string of notably poor Supreme Court decisions.

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1. Criminal law process

Ashworth's Principles of Criminal Law ◽

10.1093/he/9780198777663.003.0001 ◽

2019 ◽

pp. 1-22

Author(s):

Jeremy Horder

Keyword(s):

Decision Making ◽

Criminal Justice ◽

Criminal Justice System ◽

Criminal Law ◽

Justice System ◽

Law And Justice ◽

Rules And Standards

This chapter discusses the process of criminal law. The focus is on the importance of the exercise of official discretion, on the criminal law in action, and on the role of bureaucracy in criminal law. There is also an outline of sentencing powers. Patterns of decision-making by criminal justice officials are one of four key pillars of criminal law and justice, along with criminal law principles, rules, and standards. We will see how these patterns are structured by crime management and bureaucratic-administrative techniques designed to reduce the number of contested trials and issues, and hence take pressure off the criminal justice system as a whole.

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Is the Supreme Court Sometimes Irrelevant?: Race and the Southern Criminal Justice System in the World War II Era

SSRN Electronic Journal ◽

10.2139/ssrn.252071 ◽

2003 ◽

Author(s):

Michael J. Klarman

Keyword(s):

World War Ii ◽

Criminal Justice ◽

Supreme Court ◽

Criminal Justice System ◽

Justice System ◽

World War ◽

The Supreme Court ◽

The World

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Guilty Minds

Law and the Unconscious ◽

10.12987/yale/9780300188837.003.0005 ◽

2017 ◽

Author(s):

Anne C. Dailey

Keyword(s):

Decision Making ◽

Criminal Justice ◽

Criminal Justice System ◽

Criminal Law ◽

Rational Decision ◽

Police Interrogation ◽

Rational Person ◽

Unfair Advantage ◽

Rational Decision Making ◽

Unconscious Guilt

This chapter examines the puzzling question of why an otherwise rational person would voluntarily confess to a crime, knowing full well that the state will punish in return. Even more puzzling is the phenomenon of false confessions, where an individual inexplicably confesses to a crime she did not commit, in some cases believing in her own guilt. Psychoanalysis gives us important insights into these irrational phenomena. The focus in this chapter is on the ways in which certain deceptive and degrading police interrogation tactics may override a suspect’s conscious rational decision-making powers by enlisting unconscious needs, aggressions, and guilt. Three interrogation tactics are of greatest concern: false sympathy, degradation, and trickery. As this chapter shows, false sympathy and degradation exploit deep-seated, unconscious desires for absolution and punishment that undermine the voluntariness of a suspect’s self-incriminating statements. Similarly, police trickery can take unfair advantage of a suspect’s need to rationalize unconscious guilt for a crime he did not commit. By drawing attention to the risks associated with these methods, psychoanalysis ensures that the most egregious practices can be eliminated from our criminal justice system. Psychoanalytic insights into unconscious processes advances the law’s own best ideals of fundamental fairness in the criminal law.

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Wife Assault, The Justice System and Professional Responsibility

Alberta Law Review ◽

10.29173/alr1125 ◽

1995 ◽

Vol 33 (4) ◽

pp. 908

Author(s):

Diana Ginn

Keyword(s):

Criminal Justice ◽

Criminal Justice System ◽

Battered Women ◽

Criminal Law ◽

Justice System ◽

Professional Responsibility ◽

Wife Assault ◽

The Past ◽

Key Players ◽

The Way

The author reviews the response of the criminal justice system to the problem of wife assault by focusing on the key players within the system. The way the criminal law applies to wife assault affects battered women's access to that area of law known as family law, with negative repercussions for them and their children. Several myths about the nature of wife assault help ensure an inappropriate response. These include the myths that the woman is to blame, that by just leaving the abusive situation she can resolve it, and that if she does not leave it is because she enjoys the abuse. The author reviews current methods used by police, prosecutors and judges for dealing with wife assault and discusses the inadequacies of those methods. She concludes that despite many recommendations for change, there have been no significant improvements in the way the criminal justice system deals with wife assault. It is incumbent upon the legal profession to demonstrate professional responsibility by ensuring that wife assault is taken more seriously than it is now and than it has been in the past. This is a necessary reform before battered women can rely on the criminal justice system.

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Legality Letter of Statement of Khilaf in Indonesia Criminal Justice System

FIAT JUSTISIA ◽

10.25041/fiatjustisia.v12no2.1307 ◽

2018 ◽

Vol 12 (2) ◽

pp. 128

Author(s):

Rugun Romaida Hutabarat

Keyword(s):

Criminal Justice ◽

Criminal Justice System ◽

Criminal Law ◽

Justice System ◽

Primary Source ◽

Secondary Data ◽

Criminal Offense ◽

Criminal Procedure Law ◽

The Law ◽

Criminal Matters

In criminal law, a person charged with a criminal offense may be punished if it meets two matters, namely his act is unlawful, and the perpetrator of a crime may be liable for the indicated action (the offender's error) or the act may be dismissed to the perpetrator, and there is no excuse. The reasons may result in the death or the removal of the implied penalty. But it becomes a matter of how if the Letter of Statement Khilaf is the answer to solve the legal problems. The person who refuses or does not do what has been stated in the letters is often called "wanprestasi" because the statement is categorized as an agreement. The statement includes an agreement which is the domain of civil law or criminal law, so its application in the judicial system can be determined. This should be reviewed in the application of the law, are there any rules governing wrong statements in the criminal justice system. By using a declaration of khilaf as a way out of criminal matters, then the statement should be known in juridical rules. This study uses normative juridical methods, by conceptualizing the law as a norm rule which is a benchmark of human behavior, with emphasis on secondary data sources collected from the primary source of the legislation. The result of this research is that the statement of khilaf has legality, it is based on Jurisprudence No. 3901 K / Pdt / 1985 jo Article 189 Paragraph (1) of Indonesian criminal procedure law. However, this oversight letter needs to be verified in front of the court to be valid evidence, but this letter of error is not a deletion of a criminal offense, because the culpability of the defendant has justified the crime he committed. Such recognition, cannot make it free from the crime that has been committed.Keywords: Legality, Letter of Statement, Criminal Justice System

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Judicial Discretion in Sentencing: A Justice System that is No Longer Just?

10.26686/wgtn.17012072 ◽

2021 ◽

Author(s):

◽

Sean J. Mallett

Keyword(s):

New Zealand ◽

Criminal Justice ◽

Criminal Justice System ◽

Criminal Law ◽

Justice System ◽

Individual Case ◽

Regional Disparity ◽

Judicial Discretion ◽

The Individual ◽

Synthesis Approach

<p>One of the fundamental principles of the criminal law is consistency: like offenders must be treated alike. However, research has shown that when it comes to sentencing in New Zealand there is in fact substantial regional disparity in the penalty imposed on similarly situated offenders. The situation is unacceptable, and undermines the integrity of the criminal justice system. This paper will explore three different mechanisms for guiding judicial discretion in the pursuit of sentencing consistency. It will undertake an analysis of mandatory sentences and the ‘instinctive synthesis’ approach, both of which will be shown to be unsatisfactory. Instead, the paper will argue that the establishment of a Sentencing Council with a mandate to draft presumptively binding guidelines is the most appropriate way forward for New Zealand. This option finds the correct equilibrium between giving a judge sufficient discretion to tailor a sentence that is appropriate in the circumstances of the individual case, yet limiting discretion enough to achieve consistency between cases.</p>

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Discreet Discretion and Moderate Moderation in Judicial Sentencing: A commentary on Kenya’s Sentencing Policy Guidelines, 2016

Strathmore Law Journal ◽

10.52907/slj.v3i1.33 ◽

2017 ◽

Vol 3 (1) ◽

pp. 89-112

Author(s):

Harrison O Mbori

Keyword(s):

Criminal Justice ◽

Criminal Justice System ◽

Criminal Law ◽

Justice System ◽

Cultural Development ◽

Judicial System ◽

Sentencing Guidelines ◽

Criminal Sentencing ◽

Administration Of Justice ◽

Sentencing Policy

Criminal sentencing is an integral part in any judicial system for the fair administration of justice. The process of sentencing and the standards applied by judicial officers has, however, been a notoriously difficult component in many criminal law systems. In Kenya, sentencing has been blamed as one of the sources of ‘popular dissatisfaction with the administration of justice’ to borrow from Roscoe Pound. This was the impetus for the Kenyan Judiciary to introduce the Sentencing Policy Guidelines, 2016 (SPGs). This paper is a general commentary, critique, and analysis of the SPGs. The author argues that SPGs come at an instructive epoch in Kenya’s economic, socio-political, and cultural development. This contribution is not a polemic on the Kenyan SPGs. The commentary makes sideglances to various jurisdictions that have had a longer experience with sentencing guidelines. The article forecasts that Kenyan SPGs will, despite its few shortcomings, nevertheless, prove to be important for all judicial officers involved in Kenya’s criminal justice system.

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